| Civil Serv. Empls. Assn., Inc. v Board of Educ. of City ofYonkers |
| 2011 NY Slip Op 06211 [87 AD3d 557] |
| August 9, 2011 |
| Appellate Division, Second Department |
| Civil Service Employees Association, Inc.,Appellant, v Board of Education of City of Yonkers et al.,Respondents. |
—[*1] Donoghue, Thomas, Auslander & Drohan, Yonkers, N.Y. (Ana I. Gonzalez of counsel), forrespondents.
In an action for specific performance of a collective bargaining agreement, the plaintiffappeals from an order of the Supreme Court, Westchester County (Giacomo, J.), enteredDecember 23, 2010, which denied its motion, inter alia, to convert the action to a declaratoryjudgment action and for summary judgment on the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff correctly contends that, since it was seeking only equitable relief, and notmoney damages, it was not required to serve a notice of claim under Education Law §3813 (1) (see Kahn v New York CityDept. of Educ., 79 AD3d 521, 522 [2010]; Matter of Yagan v Bernardi, 256AD2d 1225 [1998]; Ruocco v Doyle, 38 AD2d 132, 133-134 [1972]).
The Supreme Court did not improvidently exercise its discretion in denying that branch ofthe plaintiff's motion which was to convert the action to a declaratory judgment action. There isonly one form of civil action (see CPLR 103 [a]), so there is no need to convert thisaction in order for the plaintiff to seek declaratory relief (cf. CPLR 3025 [b]; Lucido v Mancuso, 49 AD3d 220,222 [2008]).
The Supreme Court properly denied that branch of the plaintiff's motion which was forsummary judgment on the complaint, as the plaintiff failed to establish its prima facie entitlementto judgment as a matter of law (seeAshley Homes of Long Is., Inc. v County of Suffolk, 58 AD3d 772, 773 [2009]; Creative Kids Enrichment, LLC vYorktown Off. Warehouse, LLC, 41 AD3d 416, 417 [2007]).
The plaintiff's remaining contentions are without merit. Rivera, J.P., Covello, Florio andLott, JJ., concur.