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EVANS v. CAREY

85 Misc.2d 119 (1976)

James T. Evans et al., and All Other Similarly Affected Members of the New York State Professional, Scientific and Technical Services Unit et al., Plaintiffs, v. Hugh L. Carey, as Governor of the State of New York, et al., Defendants.

Supreme Court, Erie County.

January 28, 1976

Attorney(s) appearing for the Case

Kavinoky, Cook, Hepp, Sandler, Gardner & Wisbaum (Charles R. Sandler of counsel), for plaintiffs. Louis J. Lefkowitz, Attorney-General (Michael F. Colligan of counsel), for defendants.

JOSEPH S. MATTINA, J.

A motion is brought before this court for a permanent injunction to relieve the plaintiffs from compliance with Executive Order No. 10 (9 NYCRR 3.10) based on an underlying complaint for judgment declaring Executive Order No. 10 unconstitutional.

Defendants answer the complaint for declaratory judgment denying the allegations in said complaint and raise several affirmative defenses...

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