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MATTER OF MASI v. KIRWAN

60 Misc.2d 103 (1969)

In the Matter of Vincent B. Masi, Petitioner, v. William E. Kirwan, as Superintendent of State Police, State of New York, Respondent. In the Matter of Ian W. Smith, Petitioner, v. William E. Kirwan, as Superintendent of State Police, State of New York, Respondent.

Supreme Court, Special Term, Albany County.

July 17, 1969

Attorney(s) appearing for the Case

Elias Moubar for petitioners. Louis J. Lefkowitz, Attorney-General (Robert W. Imrie of counsel), for respondent.

A. FRANKLIN MAHONEY, J.

This is an article 78 proceeding wherein two New York State Troopers seek to annul, on constitutional grounds, the findings of the Superintendent of the State Police that each of the petitioners had violated section 8.20 of article 8 of the Regulations of the New York State Police.

Section 8.20 of the regulations, before amendment and as it existed at the time at issue, specifically prohibited members of the State Police...

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