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ZIMMERMAN v. MURRAY

41 N.Y.2d 1074 (1977)

Donald Zimmerman, Appellant, v. Archibald R. Murray et al., Respondents.

Court of Appeals of the State of New York.

Decided May 5, 1977.

Attorney(s) appearing for the Case

Donald Zimmerman, appellant pro se.

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

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for Archibald R. Murray and another, respondents.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge JASEN concurs in a separate opinion in which Judge COOKE concurs; Chief Judge BREITEL taking no part.

MEMORANDUM.

We affirm on the memorandum at the Appellate Division without concurrence in the implication, if such there be, in that opinion that the issues presented raise questions of constitutional dimension.

JASEN, J. (concurring).

I concur in the result only. In my view, the Appellate Division erred in its implied holding that distinctions made...

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