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MATTER OF ANDERSON v. KRUPSAK

51 A.D.2d 229 (1976)

In the Matter of Warren M. Anderson, as Majority Leader and Temporary President of The New York Senate, et al., Respondents, v. Mary Anne Krupsak, as Lieutenant Governor of The State of New York, et al., Appellants, Theodore M. Black, as Chancellor of The Board of Regents of the University of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 4, 1976

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine (Owen McGivern of counsel), for Mary Anne Krupsak and another, appellants.

Rubin, Baum, Levin, Constant & Friedman (Max J. Rubin of counsel), for Regents Yavner and others, appellants.

David W. Peck, John L. Warden and Richard J. Urowsky for Warren M. Anderson and others, respondents.

Robert D. Stone for Theodore M. Black, respondent.

SWEENEY, J.P., concurs with LARKIN, J.; KANE, J., concurs in the result only; MAHONEY, J., concurs in part and dissents in part in an opinion; HERLIHY, J., concurs in part and dissents in part in a separate opinion.

LARKIN, J.

The petitioners seek judgment, pursuant to CPLR article 78, voiding the election of appellants Batista, Kendall and Yavner as Regents of the University of the State of New York. Vacancies on the Board of Regents are filled pursuant to section 202 of the Education Law, which provides in relevant portion: "Commencing April first, nineteen hundred seventy-four, each regent shall be elected for a term...

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