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SCHUYLER v. SO. MALL CONSTRS.

32 A.D.2d 454 (1969)

C. V. R. Schuyler, as Commissioner of General Services of The State of New York, et al., Plaintiffs, v. South Mall Constructors, Defendants

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

September 19, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch of counsel), for Commissioner of General Services, plaintiff.

John J. Clyne, County Attorney, for County of Albany, plaintiff.

John W. Hacker, Corporation Counsel, for City of Albany, plaintiff.

De Graff, Foy, Conway & Holt-Harris for defendants.

HERLIHY, Acting P. J., REYNOLDS, STALEY, JR., COOKE and GREENBLOTT, JJ., concur.

Per Curiam.

This is an action on submitted facts, commenced pursuant to CPLR 3222, to determine whether a provision in the Deficiency Budget (L. 1969, ch. 1) authorizing the Commissioner of General Services to negotiate a contract for general construction of the Library and Museum superstructure located at the Albany South Mall Project is violative of the State Constitution.

The first issue is whether the enactment...

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