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BEVAN v. N. Y. ST. TEACHERS' RETIRE.

74 Misc.2d 443 (1973)

Bruce C. Bevan, Plaintiff, v. New York State Teachers' Retirement System et al., Defendants.

Supreme Court, Special Term, Albany County.

July 2, 1973

Attorney(s) appearing for the Case

Bernard F. Ashe and James R. Sandner for plaintiff. Louis J. Lefkowitz, Attorney-General (John Q. Driscoll of counsel), for New York State Teachers' Retirement System and others, defendants. Quinn & Reilly (Joseph D. Quinn, Jr., of counsel), for Board of Education of Poughkeepsie City School District, defendant.

HAROLD J. HUGHES, J.

This is a motion by plaintiff for a preliminary injunction. Defendants have cross-moved for an order (1) vacating the temporary restraining orders previously granted by Mr. Justice EDWARD S. CONWAY; (2) dismissing the complaint for insufficiency pursuant to CPLR 3211 (subd. [a], par. 7); or alternatively granting summary judgment dismissing the complaint pursuant to subdivision (c) of CPLR 3211. On the return date of the order to...

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