MATTER OF BROWN v. McMORRAN


39 Misc.2d 716 (1963)

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

Supreme Court, Westchester County.

June 17, 1963


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett for petitioners. Louis J. Lefkowitz, Attorney-General, for respondents.


GERALD NOLAN, J.

In this proceeding pursuant to article 78 of the Civil Practice Act the respondents have moved to dismiss the petition on the grounds that the court does not have jurisdiction of the subject matter, and that the petition does not state facts sufficient to entitle the petitioners to any relief. In my opinion, although the question is not entirely free from doubt, the motion must be granted on...

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