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MATTER OF CULLUM v. O'MARA

43 A.D.2d 140 (1973)

In the Matter of Benjamin Cullum et al., Petitioners, v. John F. O'Mara et al., Respondents John Taylor, Petitioner, v. Robert J. Sise, Respondent Bernardo Robles, Petitioner, v. Duncan McNabb, Respondent Manny Price, Also Known as Emanuel Raysor, Petitioner, v. Luigi Marano, Respondent

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

December 7, 1973.

Attorney(s) appearing for the Case

Elizabeth B. DuBois, James D. Silbert and Mark C. Morril (Barry Krinsky of counsel), for Benjamin Cullum and others, petitioners.

William Gallagher (Robert Hermann, Randolph Jonakait, John Stackhouse and Donald Zeigler of counsel), for John Taylor and others, petitioners.

Louis J. Lefkowitz, Attorney-General (Irving Galt and A. Seth Greenwald of counsel), for respondents.

HOPKINS, Acting P. J., MUNDER, MARTUSCELLO and LATHAM, JJ., concur.

SHAPIRO, J.

In two proceedings commenced in this court pursuant to article 78 of the CPLR, we are called upon to determine the constitutionality of certain provisions of chapter 603 of the Laws of 1973. At issue are the validity of the authorization for the Governor, with the advice and consent of the Senate, to appoint (prior to July 1, 1974) up to 68 additional Judges to the Court of Claims and the conferring...

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