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MATTER OF DAYE v. McCOY

31 N.Y.2d 770 (1972)

In the Matter of Albert D. Daye, Respondent-Appellant, v. Thomas F. McCoy, as State Administrator of the Judicial Conference of the State of New York, Appellant-Respondent. In the Matter of Samuel S. Hershfield et al., Appellants, v. Thomas F. McCoy, as State Administrator of the Judicial Conference of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 2, 1972.

Attorney(s) appearing for the Case

Francis L. Giordano for all petitioners-appellants.

Lawrence N. Marcus for Thomas F. McCoy, appellant-respondent in first above-entitled proceeding and respondent in second above-entitled proceeding.

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge GIBSON taking no part.

In first above-entitled proceeding: On the appeal by petitioner: Order affirmed, without costs. On the appeal by respondent: Appeal dismissed, without costs, upon the ground that respondent is not aggrieved by the modification at the Appellate Division (CPLR 501, subd. [a], par. [iii]; Barber & Bennett v. State of New York, 27 N.Y.2d 738). No opinion.

In second above-entitled proceeding: Order affirmed, without costs...

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