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  5. 34 N.Y.2d 927 (1974)
 

MATTER OF GORDON v. WALKLEY

34 N.Y.2d 927 (1974)

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

Court of Appeals of the State of New York.

Decided July 10, 1974.

Attorney(s) appearing for the Case

Jules L. Smith for appellant.

Thomas G. Conway for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, RABIN and STEVENS. Judge GABRIELLI dissents and votes to affirm in the following opinion.

Order reversed, without costs, and the judgment of Supreme Court, Albany County, reinstated on the dissenting opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division.

GABRIELLI, J. (dissenting).

Certainly the record in this case, relevant policy considerations and even precedent, cannot account for or sustain the result reached by the dissenter at the Appellate Division, upon whose opinion the majority have concluded the order of...

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