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MATTER OF PELUSO v. ERIE COUNTY INDEPENDENCE PARTY

970 CAE 09-01640.

66 A.D.3d 1329 (2009)

885 N.Y.S.2d 814

2009 NY Slip Op 6881

In the Matter of ANTHONY PELUSO et al., Respondents, v. ERIE COUNTY INDEPENDENCE PARTY et al., Appellants, and NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY et al., Respondents, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.

Now, upon remittitur from the Court of Appeals and having considered issues raised but not determined on the appeal to this Court,

It is hereby ordered that, upon remittitur from the Court of Appeals, the judgment so appealed from is unanimously modified on the law by vacating the injunction, converting the proceeding insofar as it seeks relief pursuant to CPLR article 78 to an action seeking a declaratory judgment and granting judgment in favor of petitioners and...

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