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MATTER OF LALLI

43 N.Y.2d 65 (1977)

In the Matter of The Estate of Mario Lalli, Deceased. Robert M. Lalli, Appellant; Rosamond Lalli, as Administratrix of The Estate of Mario Lalli, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided November 17, 1977.

Attorney(s) appearing for the Case

Morris R. Henkin and Leonard M. Henkin for appellant.

Leonard A. Weiss for respondent.

Louis J. Lefkowitz, Attorney-General (Irwin M. Strum, Samuel A. Hirshowitz and Suzanne M. McGrattan of counsel), in his statutory capacity under section 71 of the Executive Law.

Kalman Finkel, John E. Kirklin, Susan B. Lindenauer, Janet M. Calvo and Jane Greengold Stevens for The Legal Aid Society and another, amici curiae.

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

JONES, J.

This case is now before us on remand from the Supreme Court of the United States for further consideration in the light of Trimble v Gordon (430 U.S. 762). We adhere to our previous decision (38 N.Y.2d 77).

At the outset we observe that the standard to be applied in our review, while "less than strictest scrutiny", is...

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