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MATTER OF SMITH v. LEVITT

30 N.Y.2d 934 (1972)

In the Matter of Chester Smith et al., Appellants, v. Arthur Levitt, as Comptroller of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1972.

Attorney(s) appearing for the Case

John B. Carroll for appellants.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Appellants fail to demonstrate any legal insufficiency in respect of the Comptroller's audit of the payments by respondent New York State Urban Development Corporation (UDC) from the first instance appropriation. The constitutional and statutory provisions regarding that audit do not require like audit of payments from UDC's bond proceeds...

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