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TOTERO v. LEVITT

41 N.Y.2d 1002 (1977)

Charles A. Totero et al., Appellants, v. Arthur Levitt, as State Comptroller, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Carroll J. Mealey and Thomas O. Kellogg for appellants.

Michael Colodner and Michael R. Juviler for Richard J. Bartlett, as State Administrative Judge, respondent.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for Arthur Levitt, as Comptroller, respondent.

Concur: Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to affirm in an opinion. Taking no part: Chief Judge BREITEL.

Order reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated for the reasons stated in the dissenting opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division (51 A.D.2d 109, 112-114).

JASEN, J. (dissenting).

I would affirm the order of the Appellate Division for the reasons stated in the well-reasoned majority opinion by Mr. Justice WALTER B. REYNOLDS. I would add only...

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