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CURLE v. WARD

59 A.D.2d 286 (1977)

Joseph Curle, Respondent, v. Benjamin Ward, as Commissioner of The Department of Correctional Services of the State of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Lawrence L. Doolittle and Ruth Kessler Toch of counsel), for appellants.

Rowley & Forrest, P. C. (Jeffrey G. Plant of counsel), for respondent.

SWEENEY, MAHONEY and MAIN, JJ., concur with GREENBLOTT, J. P.; KANE, J., dissents and votes to reverse in an opinion.

GREENBLOTT, J. P.

Plaintiff commmenced this action as a proceeding pursuant to CPLR article 78. It was converted, under authority of CPLR 103, to an action for declaratory judgment and permanent injunction by order of Supreme Court, Albany County, entered December 10, 1975.

Plaintiff, Joseph Curle, served for six years as a correction officer at the Elmira Facility of the New York State Department of...

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