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  5. 32 A.D.2d 163 (1969)
 

MTR. OF OSTROVE v. N. Y. S. TEACHERS RET.

32 A.D.2d 163 (1969)

In the Matter of Ellis Ostrove, Respondent, v. New York State Teachers Retirement System Board, Appellant

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

June 3, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth V. Iles and Ruth Kessler Toch of counsel), for appellant.

Mishkin & Strear (Lawrence H. Strear of counsel), for respondent.

GIBSON, P. J., REYNOLDS and COOKE, JJ., concur with GREENBLOTT, J.; HERLIHY, J., dissents and votes to affirm in an opinion.

GREENBLOTT, J.

These are appeals from a judgment of the Supreme Court at Special Term, entered September 22, 1967 in Albany County, which granted petitioner's application in a proceeding under CPLR article 78 to rescind and revoke certain resolutions adopted by the New York State Teachers Retirement System Board, and from an order of the same court, entered June 24, 1968, which adhered to its original decision...

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