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MTR. OF POSNER v. LEVITT

37 A.D.2d 331 (1971)

In the Matter of Herbert A. Posner et al., Appellants, v. Arthur Levitt, as Comptroller of The State of New York, Respondent

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

November 3, 1971.

Attorney(s) appearing for the Case

Herbert A. Posner, appellant in person, and for Guy R. Brewer, appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.

SIMONS, J.

This is an appeal from an order and judgment of the Supreme Court, entered in Albany County, which granted a motion by respondent to dismiss appellants' petition seeking relief under article 78 of the CPLR on the grounds of legal insufficiency, and dismissed the proceeding.

The appellants having failed to sustain a challenge to the constitutionality of a State budget because they lacked standing...

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