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FRIEDMAN v. STATE OF N. Y.

29 A.D.2d 162 (1968)

Louis L. Friedman, Appellant, v. State of New York, Respondent. (Claim No. 44913.)

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

January 23, 1968.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Sunderland & Kiendl (John T. DeGraff and Richard E. Nolan of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Jeremiah Jochnowitz of counsel), for respondent.

HERLIHY, AULISI and GABRIELLI, JJ., concur with STALEY, JR., J.; GIBSON, P. J., dissents and votes to affirm, in a memorandum.

STALEY, JR., J.

This is an appeal from a judgment and order in favor of respondent, upon a decision of the Court of Claims which dismissed appellant's claim for salary allegedly due him as an elected Supreme Court Justice.

At the general election in November, 1956, claimant-appellant was duly elected to the office of Justice of the Supreme Court of the State of New York, Second Judicial District, for...

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