Prefatorily, in a decision dated May 2, 1974, this court determined that the petition herein contained two causes of action. The first brought pursuant to CPLR article 78 and the second, one for a declaratory judgment wherein the petitioner seeks a declaration that article 27 of the Executive Law is unconstitutional. This opinion is concerned solely with the first cause of action set forth in the petition.
In 1973, the Legislature...
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