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MATTER OF POSNER v. ROCKEFELLER

75 Misc.2d 875 (1973)

In the Matter of Herbert A. Posner et al., Petitioners, v. Nelson A. Rockefeller, as Governor of the State of New York, Respondent.

Supreme Court, Special Term, New York County.

October 11, 1973

Attorney(s) appearing for the Case

Herbert A. Posner, in person, and Irwin J. Landes for petitioners. Louis J. Lefkowitz, Attorney-General (Irving Galt and A. Seth Greenwald of counsel), for respondent.

SIDNEY A. FINE, J.

Petitioners, public office holders, citizens and taxpayers seek a judgment declaring chapter 603 of the Laws of 1973 (Act), unconstitutional. Preliminarily, they move for a temporary injunction to restrain respondent, the Governor of the State of New York, from appointing Judges of the Court of Claims pursuant to the Act.

Respondent cross-moves for a judgment dismissing the petition on a variety of grounds — that the...

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