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MATTER OF BROWN v. McMORRAN

42 Misc.2d 211 (1963)

In the Matter of Leland S. Brown et al., Petitioners, v. J. Burch McMorran, as Superintendent of the New York State Department of Public Works, et al., Respondents.

Supreme Court, Westchester County.

December 27, 1963

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (Whitney North Seymour, Kenneth J. Kwit and Eleanor M. Fox of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General, for respondents.

GERALD NOLAN, J.

In this proceeding to review a determination made by the respondent McMorran as New York State Superintendent of Public Works, respondents move to dismiss the amended petition, and for summary judgment, pursuant to rules 3211 and 3212 of the Civil Practice Law and Rules. A motion heretofore made to dismiss the original petition was granted on June 17, 1963 (39 Misc.2d 716...

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