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THALER v. STATE OF NEW YORK

79 Misc.2d 621 (1974)

Seymour R. Thaler, Claimant, v. State of New York, Defendant. (Claim No. 58225.)

Court of Claims.

November 15, 1974

Attorney(s) appearing for the Case

Jessie R. Levine for claimant. Louis J. Lefkowitz, Attorney-General (Joseph P. McCale of counsel), for defendant.

MILTON ALPERT, J.

This is a motion by claimant for summary judgment and a cross motion by the State seeking dismissal of the claim.

Claimant was elected to the office of Justice of the Supreme Court for the Eleventh Judicial District in the general election of 1971 for a term commencing January 1, 1972. Between the date of his election and the commencement of his term, claimant took and filed his oath of office and thereafter was indicted on felony...

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