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MATTER OF DEVOE v. TRS. OF THE INC. VILL. OF COLONIE

11 A.D.2d 602 (1960)

In the Matter of Robert D. Devoe, Respondent, v. Trustees of the Incorporated Village of Colonie, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 16, 1960

The procedural objections interposed at Special Term have been withdrawn and the issue limited to that of the constitutionality of section 53. The procedure prescribed by section 53 does not constitute nor result in a lottery in contravention of the State Constitution (art. I, § 9), within either dictionary or statutory definition of the term or judicial construction of the statutory provision. (Black's Law Dictionary [3d ed., p. 1134, 4th ed., p. 1097]; Penal Law, ...

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