Steuben-Allegany Board of Cooperative Educational Services v. Board of Education of Hornell City School District

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly declared the rights of the parties for reasons stated in its decision. However, because this is a declaratory judgment action, the court erred in dismissing the complaint in action No. 1 (see, Tumminello v Tumminello, 204 AD2d 1067 ). We therefore modify the judgment by vacating the third decretal paragraph. (Appeal from Judgment of Supreme Court, Steuben County, Bradstreet, J.— Declaratory Judgment.) Present — Hayes, J. P., Wisner, Hurl-butt and Kehoe, JJ.