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MTR. OF BANKERS TRUST CO. v. STATE OF N. Y.

28 A.D.2d 272 (1967)

In the Matter of Bankers Trust Company, Petitioner-Appellant, v. State of New York (Department of Audit and Control), Respondent In the Matter of Beacon Investors Corp., Cross-Petitioner-Respondent, v. State of New York (Department of Audit and Control), Respondent

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

November 22, 1967.

Attorney(s) appearing for the Case

Charles Leeds for appellant.

Charles J. Fine for cross-petitioner-respondent.

Louis J. Lefkowitz, Attorney-General, for State of New York, respondent.

REYNOLDS, AULISI, STALEY, JR. and GABRIELLI, JJ., concur.

GIBSON, P. J.

Appeal is taken by petitioner from an order of the Supreme Court at Special Term, which, in a proceeding and cross proceeding under CPLR 5225 (subd. [b]), directed the State of New York, Department of Audit and Control, to pay to petitioner and cross petitioner, without priority but pro rata according to the amounts of their respective judgments against Dorshay Cafe, Inc., moneys in the amount of $1,817.18 held by

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