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MATTER OF KENNEDY v. HAUSER

32 N.Y.2d 695 (1973)

In the Matter of John J. Kennedy, Respondent, v. James J. Hauser, Jr., as Comptroller of the City of Yonkers, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1973.

Attorney(s) appearing for the Case

Eugene J. Fox, Corporation Counsel (Norman Cooper of counsel), for appellant.

John D. D'Apice and Gerald Nolan for respondent.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER. Judges BREITEL and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.

Order affirmed, without costs...

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