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WEIN v. LEVITT

42 N.Y.2d 300 (1977)

Leon E. Wein, Appellant, v. Arthur Levitt, as Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1977.

Attorney(s) appearing for the Case

William J. Quirk for Leon E. Wein, appellant and Leon Edward Wein, appellant pro se.

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), for respondent.

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

GABRIELLI, J.

In this declaratory judgment action, the plaintiff raises a direct constitutional challenge to the legislative enactment regarding State borrowing, and seeks a declaration that a "save harmless" provision providing for indemnification of State investment officials, is illegal.

By chapter 893 of the Laws of 1975 (Workmen's Compensation Law, §...

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