Campany, Young & McArdle, PLLC, Lowville (Kevin M. McArdle of Counsel), for Plaintiffs–Appellants.

Slye & Burrows, Watertown (Robert J. Slye of Counsel), for Defendant–Respondent.

PRESENT: SMITH, J.P., DeJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ.

MEMORANDUM: Plaintiffs commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking a declaration that Local Law No. 2 of 2014 (2014 Law) was invalid; an injunction preventing defendant, Town of Alexandria (Town), from implementing the 2014 Law; and damages for the health insurance costs that they may have incurred as a result of the Town's adoption of the 2014 Law. In its answer, the Town contended that the 2014 Law was invalid and also contended that Local Law No. 2 of 2009 (2009 Law) and a resolution of the Town Board of the Town, dated August 10, 2011 (2011 Resolution), were invalid. The Town thus sought declarations that the 2009 Law, the 2011 Resolution and the 2014 Law were invalid and that certain plaintiffs were not entitled to the healthcare insurance benefits provided by those legislative enactments.

We note at the outset that, as the Town correctly contends, this is properly only a declaratory judgment action in view of the relief sought by plaintiffs and by the Town in its counterclaim (see Centerville's Concerned Citizens v. Town Bd. of Town of Centerville, 56 A.D.3d 1129, 1129, 867 N.Y.S.2d 626 ). Indeed, both plaintiffs and the Town are challenging only the validity of the legislative enactments, and “[i]t is well established that [a CPLR] article 78 proceeding is not the proper vehicle to test the validity of a legislative enactment” (Kamhi v. Town of Yorktown, 141 A.D.2d 607, 608, 529 N.Y.S.2d 528, affd. 74 N.Y.2d 423, 548 N.Y.S.2d 144, 547 N.E.2d 346 ; see Centerville's Concerned Citizens, 56 A.D.3d at 1129, 867 N.Y.S.2d 626 ; see generally Press v. County of Monroe, 50 N.Y.2d 695, 702, 431 N.Y.S.2d 394, 409 N.E.2d 870 ).

We conclude that Supreme Court erred in using a summary procedure to award judgment on the cause of action and that part of the counterclaim that sought a judgment declaring those legislative enactments invalid (see Matter of 24 Franklin Ave. R.E. Corp. v. Heaship, 74 A.D.3d 980, 980–981, 901 N.Y.S.2d 863 ). It is well established that “separate procedural rules apply” to declaratory judgment actions and CPLR article 78 proceedings and, inasmuch as the cause of action and counterclaim seek declaratory relief, the court “erred in issuing a judgment declaring [that those legislative enactments are] invalid by using a summary procedure that pertains only to CPLR article 78 proceedings” (id.; see Matter of Ballard v. New York Safety Track LLC, 126 A.D.3d 1073, 1075, 5 N.Y.S.3d 542 ; Matter of Greenberg v. Assessor of Town of Scarsdale, 121 A.D.3d 986, 989–990, 996 N.Y.S.2d 48 ). “In the absence of a formalized motion requesting the ‘summary determination of the causes of action which seek [to recover damages or] declaratory relief, it is error for [a court] to summarily dispose of those causes of action’ ” (Ballard, 126 A.D.3d at 1075, 5 N.Y.S.3d 542, quoting Matter of Rosenberg v. New York State Off. of Parks, Recreation & Historic Preserv., 94 A.D.3d 1006, 1008, 943 N.Y.S.2d 123 ).

Given the summary nature of the proceeding, we do not pass on the merits of the parties' contentions, including the contentions concerning severability, which rest in large part on determinations of the legislative intent of the Town Board when it enacted the 2009 Law, the 2011 Resolution and the 2014 Law (see generally CWM Chem. Servs., L.L.C. v. Roth, 6 N.Y.3d 410, 423, 813 N.Y.S.2d 18, 846 N.E.2d 448 ; Matter of Hynes v. Tomei, 92 N.Y.2d 613, 627, 684 N.Y.S.2d 177, 706 N.E.2d 1201, cert. denied 527 U.S. 1015, 119 S.Ct. 2359, 144 L.Ed.2d 254 ).

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the first through fourth decretal paragraphs and as modified the judgment is affirmed without costs.