69 Misc.2d 337 (1972)

Arthur Levitt, as Comptroller of the State of New York, Plaintiff, v. Nelson A. Rockefeller, as Governor of the State of New York, Defendant.

Supreme Court, Special Term, Rensselaer County.

March 14, 1972

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Jean M. Coon of counsel), for defendant. Theodore Spatz and Alfred W. Haight for plaintiff.


The defendant moves to dismiss the complaint in this action for a declaratory judgment on the grounds that (a) the court lacks jurisdiction of the defendant; (b) the plaintiff lacks legal capacity to maintain the action; (c) the action is premature; (d) the complaint raises no justiciable controversy; (e) plaintiff is estopped by his prior actions and those of his agents from bringing the...

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