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DAUGHERTY v. COUNTY OF ONEIDA

22 A.D.2d 111 (1964)

Willis V. Daugherty et al., Individually and as Members of The Board of Trustees of Mohawk Valley Community College, et al., Plaintiffs, v. County of Oneida et al., Defendants

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

December 3, 1964.

Attorney(s) appearing for the Case

Evans, Pirnie & Burdick (Hugh R. Jones and Philip L. Evans of counsel), for Willis V. Daugherty and others, plaintiffs.

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager of counsel), plaintiff, pro se.

John C. Crary, Jr., for State University of New York, plaintiff.

Richard A. Frye, County Attorney (William J. Halpin of counsel), for defendants.

BASTOW, J. P., GOLDMAN, HENRY and NOONAN, JJ., concur.

DEL VECCHIO, J.

This controversy, by which the parties seek a declaratory judgment based on a statement of agreed facts, is before this court for determination in the first instance by virtue of CPLR 3222 (subd. [b], par. 3).

Mohawk Valley Community College is a community college established under article 126 of the Education Law by its local sponsor, the County of Oneida. In 1961 subdivision 6 of section...

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