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MTR. OF SANFORD v. ROCKEFELLER

40 A.D.2d 82 (1972)

In the Matter of Thomas J. Sanford, Individually and on Behalf of All Others Similarly Situated, Respondent-Appellant, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Appellants-Respondents. (Proceeding No. 1.) In the Matter of James Winkowski, Individually and on Behalf of All Others Similarly Situated, Respondent-Appellant, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Appellants-Respondents. (Proceeding No. 2.) In the Matter of Shirley L. Splatt, Individually and on Behalf of All Others Similarly Situated, Respondent-Appellant, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Appellants-Respondents. (Proceeding No. 3.) In the Matter of Mack Godbee, Individually and on Behalf of All Others Similarly Situated, Respondent-Appellant, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Appellants-Respondents. (Proceeding No. 4.)

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

November 16, 1972.

Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris (John Carter Rice of counsel), for respondents-appellants.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for appellants-respondents.

GREENBLOTT, SWEENEY, KANE and REYNOLDS, JJ., concur.

STALEY, JR., J. P.

These are cross appeals, by permission, from an order of the Supreme Court at Special Term, entered August 24, 1972 in Albany County, in a proceeding pursuant to article 78 of CPLR, which (1) granted respondents' motion to dismiss the petition on behalf of all others similarly situated, and (2) denied respondents' motion to dismiss the petition in all other respects.

Petitioners in these...

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