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TN OF MONROE v. CAREY

96 Misc.2d 238 (1977)

Town of Monroe, Plaintiff, v. Hugh L. Carey et al., Defendants.

Supreme Court, Orange County.

November 3, 1977

Attorney(s) appearing for the Case

James G. Sweeney for plaintiff. Peter G. Striphas, County Attorney (Roger F. Kujawski of counsel), for Orange County, defendant. Louis J. Lefkowitz, Attorney-General (Ezra I. Bialik of counsel), defendant pro se and for Hugh L. Carey and another, defendants.

GEORGE D. BURCHELL, J.

This is an action in which the plaintiff seeks a judgment declaring ECL 24-0501 and ECL 24-0903 unconstitutional. The defendants' motions to dismiss the complaint are denied, and the court will adjudicate the respective rights of the parties. (See Lanza v Wagner, 11 N.Y.2d 317, 334.) The thrust of the plaintiff's action is that ECL 24-0501 and...

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