Matter of Eisenhauer v Watertown City Sch. Dist.
2022 NY Slip Op 04833 [208 AD3d 956]
August 4, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 5, 2022


[*1]
 In the Matter of John W. Eisenhauer et al., Appellants,
v
Watertown City School District et al., Respondents. (Appeal No. 2.)

Tabner, Ryan & Keniry, LLP, Albany (William F. Ryan, Jr., of counsel), for petitioners/plaintiffs-appellants.

The Law Firm of Frank W. Miller, East Syracuse (Charles C. Spagnoli of counsel), for respondents/defendants-respondents Watertown City School District and another.

Slye Law Offices, P.C., Watertown (Robert J. Slye of counsel), for respondent/defendant-respondent City of Watertown.

Whiteman Osterman & Hanna LLP, Albany (Ellen M. Bach of counsel), for respondent/defendant-respondent Roswell P. Flower Memorial Library.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (James P. McClusky, J.), entered May 17, 2021, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The judgment, inter alia, dismissed the "[a]rticle 78 challenge."

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051, 1051 [4th Dept 1990]). Present—Whalen, P.J., Smith, NeMoyer, Curran and Bannister, JJ.