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  5. 40 N.Y.2d 397 (1976)
 

MATTER OF ANDERSON v. KRUPSAK

40 N.Y.2d 397 (1976)

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

Court of Appeals of the State of New York.

Decided July 6, 1976.

Attorney(s) appearing for the Case

Owen McGivern, David Teitelbaum and William J. T. Brown for Mary A. Krupsak and another, appellants-respondents.

Max J. Rubin and Brian L. Bilzin for Jorge L. Batista and others, appellants-respondents.

Chief Judge BREITEL and Judges JONES, WACHTLER, FUCHSBERG and COOKE concur with Judge JASEN; Judge GABRIELLI, dissents and votes to modify in a separate opinion.

JASEN, J.

Petitioners, Republican members of the New York State Senate and Assembly, commenced this article 78 proceeding to set aside the Legislature's election of three Regents of the University of the State of New York. The Supreme Court granted the relief requested, annulling the determination of the Lieutenant Governor and the Speaker of the Assembly that Jorge L. Batista, Mary Alice Kendall and Louis E...

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