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MTR. OF CAPLAN v. N. Y. S. DEPT. TAX.

32 N.Y.2d 134 (1973)

In the Matter of Frances Caplan, Respondent, v. New York State Department of Taxation and Finance, Division of the Lottery, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 23, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Mortimer Sattler, Samuel A. Hirshowitz and Stanley L. Kantor of counsel), for appellants.

Michael D. Brookman for respondent.

Chief Judge FULD and Judges BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.

BURKE, J.

In this article 78 proceeding, respondents appeal from an order of the Appellate Division, Second Department, which affirmed, two Justices dissenting, a judgment of the Supreme Court, Kings County, granting the petition directing the respondents to accept the petitioner's lottery ticket for inclusion in a final bonus drawing originally to have been held on June 15, 1972, although the petitioner had...

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