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COUNTY OF NASSAU v. BENNETT

35 Misc.2d 586 (1962)

County of Nassau et al., Plaintiffs, v. John D. Bennett, as Surrogate of the County of Nassau, et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 10, 1962

Attorney(s) appearing for the Case

Bertram Harnett, County Attorney, for plaintiffs. Maurice A. Pompan for Maurice Weingold, defendant. Louis J. Lefkowitz, Attorney-General, for John D. Bennett, as Surrogate of the County of Nassau, defendant.

FRANK A. GULOTTA, J.

These several motions bring up for review the constitutionality of section 125-b of the Surrogate's Court Act, which was added April 18, 1962, as chapter 574 of the Laws of 1962. The purpose of this act was to create the office of Public Administrator in Nassau County, similar to such office as it exists in Westchester County (under § 124), in Erie County (§ 125), and Suffolk County (§ 125-a).

The alleged unconstitutionality...

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