MTR. OF CURRIE v. BIXBY


40 A.D.2d 341 (1973)

In the Matter of Thomas Currie, Jr., on Behalf of Himself and All Others Similarly Situated, Respondent, v. R. Burdell Bixby et al., Constituting The New York State Thruway Authority, Appellants

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

January 25, 1973.


Attorney(s) appearing for the Case

Theodore H. Kline (Norbert L. Noel of counsel), for appellants.

De Graff, Foy, Conway & Holt-Harris (Frederick C. Riester of counsel), for respondent.

STALEY, JR., J. P., GREENBLOTT, COOKE and REYNOLDS, JJ., concur.


KANE, J.

This is an appeal, by permission, from an order of the Supreme Court at Special Term, entered June 29, 1971 in Albany County, which in a proceeding brought pursuant to CPLR article 78, denied a motion by appellants to dismiss the petition.

Petitioner Currie is an employee of the New York State Thruway Authority and brings this proceeding individually and on behalf of others similarly situated, to set aside a determination of the Thruway...

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