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LADE v. LEVITT

60 Misc.2d 49 (1969)

Mary P. Lade, Petitioner, v. Arthur Levitt, as Comptroller of the State of New York, Respondent. Dorothy M. Lade, Plaintiff, v. Arthur Levitt, as Comptroller of the State of New York, et al., Defendants.

Supreme Court, Special Term, Albany County.

July 11, 1969

Attorney(s) appearing for the Case

Harvey & Harvey (Arthur J. Harvey of counsel), for Mary P. Lade, petitioner. Schrade, Morris & Roche (Robert P. Roche of counsel), for Dorothy M. Lade, plaintiff. Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley of counsel), for Arthur Levitt, State Comptroller.

A. FRANKLIN MAHONEY, J.

There are two motions before the court. First, the Comptroller of the State of New York seeks an order dismissing the complaint (declaratory judgment) of Dorothy M. Lade on the ground that she has failed to exhaust the administrative remedies available to her. Secondly, Mary Parker Lade, pursuant to article 78 of the CPLR, moves to compel the Comptroller to pay over to her, as the duly...

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