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NEW YORK STATE THRUWAY AUTH. v. HURD

25 N.Y.2d 150 (1969)

New York State Thruway Authority, Respondent, v. T. Norman Hurd, as Director of the Budget of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for appellant.

Franklin S. Wood and Clarence Fried for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and JASEN concur.

BREITEL, J.

The defendant State Budget Director appeals in a declaratory judgment action. Upon motion for summary judgment the Supreme Court, Albany County, granted judgment for the plaintiff, New York State Thruway Authority, by order entered June 17, 1968 (57 Misc.2d 181). The Appellate Division, Third Department, unanimously affirmed (31 A.D.2d 563<...

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