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MATTER OF TOWN OF CHEEKTOWAGA v. LEVITT

12 A.D.2d 848 (1961)

In the Matter of The Town of Cheektowaga et al., Appellants, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents

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

January 17, 1961

A careful analysis of the procedural steps taken and of the issues submitted appears in the opinion at Special Term. (22 Misc.2d 163.) The petition alleges as grounds for the relief sought (1) that the provisions of subdivision 2 of section 173 requiring the Comptroller's approval contravene the constitutional provisions limiting the administrative duties which the Legislature may assign to the Comptroller to those specifically enumerated...

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