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KAPLAN v. STATE OF NEW YORK

NO. 35, CA 16-01009

147 A.D.3d 1315 (2017)

47 N.Y.S.3d 535

2017 NY Slip Op 00766

RICHARD E. KAPLAN, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided February 3, 2017.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered March 3, 2016. The order and judgment, among other things, declared that defendant did not violate article XVI, § 1 of the New York State Constitution.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff, a citizen taxpayer, commenced this

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