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MATTER OF POSNER v. LEVITT

67 Misc.2d 565 (1971)

In the Matter of Herbert A. Posner et al., Petitioners, v. Arthur Levitt, as Comptroller of the State of New York, et al Respondents.

Supreme Court, Special Term, Albany County.

August 23, 1971

Attorney(s) appearing for the Case

Herbert A. Posner, in person, and for Guy R. Brewer, petitioner. Louis J. Lefkowitz, Attorney-General (Jean M. Coon of counsel), for respondents.

A. FRANKLIN MAHONEY, J.

This is an application for an order pursuant to article 78 of the CPLR directing the Comptroller of the State of New York to commence an action for a declaratory judgment concerning the constitutionality of certain portions of chapters 50, 53 and 54 (as amd. by ch. 320) of the Laws of 1971, known as the "State Purposes Budget", the "Local Assistance Budget" and the "Capital Construction Budget". In connection with the application...

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