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MTR. OF McDONALD v. LEVITT

41 A.D.2d 447 (1973)

In the Matter of Virginia B. McDonald, Individually and as Mayor of The City of Cohoes, and President of The Board of Estimate and Apportionment of the City of Cohoes, Appellant, v. Arthur Levitt, as Comptroller of The State of New York, Respondent

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

May 31, 1973.

Attorney(s) appearing for the Case

Harry L. Robinson, Corporation Counsel (James D. Harrigan of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

GREENBLOTT, J. P., SWEENEY, MAIN and REYNOLDS, JJ., concur.

KANE, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered September 14, 1971 in Albany County, which dismissed petitioner's application in a proceeding pursuant to CPLR article 78, for an order directing the Comptroller of the State of New York to implement a resolution whereby the Board of Estimate and Apportionment of the City of Cohoes elected to provide a one year "final average salary" for members of the Cohoes Police...

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