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HURD v. CITY OF BUFFALO

34 N.Y.2d 628 (1974)

Bradley J. Hurd et al., Respondents, v. City of Buffalo, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1974.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (John B. Walsh of counsel), for appellant.

John Van Voorhis for respondents.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

John D. Doyle, Corporation Counsel (James T. Townsend of counsel), for City of Rochester, amicus curiae.

Chief Judge BREITEL and Judges GABRIELLI, WACHTLER and STEVENS concur in Per Curiam opinion; Judge JASEN concurs in a separate opinion; Judge JONES dissents and votes to reverse in a separate opinion in which Judge RABIN concurs.

Per Curiam.

Because on argument it was suggested that a parallel exists between this case and Taylor v. Sise (33 N.Y.2d 357), so recently decided, an added comment is merited, in addition to the views expressed by the Appellate Division in this case.

The Taylor case involved separate grants of governmental power. One involved the selection of Justices of the...

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