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MATTER OF NATHAN v. SILVER

10 A.D.2d 720 (1960)

In the Matter of Saul G. Nathan, Individually, and as President, and on Behalf of All of The Members of the Building Department Inspectors Association, Inc., Appellant, v. Edward S. Silver, as District Attorney of Kings County, et al., Respondents

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

March 14, 1960

Appeal dismissed, without costs.

Ninety-five of the appellants have already submitted financial statements; the remaining appellant has asked for an extension of time because of illness. Since no actual controversy now exists, there is no necessity for a determination on the merits (Matter of Costello [O'Leary], 268 App. Div. 223). Nevertheless, the merits have been considered, and the order would be affirmed if the appeal were not being...

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