Civil Procedure · MBE-tested
In the Matter of Robert L. Schulz et al., Appellants, v. Rush-Henrietta Central School District Board of Education et al., Respondents, and State of New York, Intervenor
222 A.D.2d 1015635 N.Y.S.2d 903·New York Supreme Court, Appellate Division·1995·NY
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Opinion
In the Matter of Robert L. Schulz et al., Appellants, v Rush-Henrietta Central School District Board of Education et al., Respondents, and State of New York, Intervenor.
[635 NYS2d 903]
[MAJORITY]
—Order unanimously affirmed without costs. Memorandum: At the outset, we note that petitioner Katherine G. Wheat is deceased. Inasmuch as the relief sought was a judgment vindicating her right to vote on school budgets, her interest does not survive her death and substitution is not required (see, CPLR 1015 [b]).
Supreme Court properly dismissed this proceeding. We affirm but for a different reason. Petitioner Robert L. Schulz lacks standing to prosecute this proceeding under State Finance Law § 123-b (see, Matter of Schulz v Cobleskill-Richmondville Cent. School Dist. Bd. of Educ., 197 AD2d 247, 251) and General Municipal Law § 51 (see, Schnepel v Board of Educ., 302 NY 94, 96). (Appeal from Order of Supreme Court, Monroe County, Rosenbloom, J. — CPLR art 78.) Present — Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.