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MATTER OF GORDON v. WALKLEY

41 A.D.2d 493 (1973)

In the Matter of Sol Gordon, as Director, Family Planning and Population Information Center, Respondent, v. Frank Walkley, as Commissioner of Agriculture and Markets, Appellant

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

June 7, 1973.

Attorney(s) appearing for the Case

Thomas G. Conway for appellant.

Jules L. Smith for respondent.

HERLIHY, P. J., and KANE, J., concur with MAIN, J., in a separate opinion by HERLIHY, P. J.; GREENBLOTT and COOKE, JJ., dissent and vote to affirm in separate opinions.

MAIN, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered in Albany County on August 29, 1972, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, for an order annulling the determination of the respondent.

In the spring of 1971, after his associates had discussed plans for an exhibit with the New York State Fair officials, petitioner was...

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