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MATTER OF FULLILOVE v. CAREY

91 Misc.2d 531 (1977)

In the Matter of H. Earl Fullilove et al., as Trustees of the New York Building and Construction Industry Board of Urban Affairs Fund, et al., Petitioners, v. Hugh L. Carey, as Governor and Chief Executive Officer of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

August 26, 1977

Attorney(s) appearing for the Case

Berman, Paley, Goldstein & Berman for petitioners. Louis J. Lefkowitz, Attorney-General, for Hugh L. Carey, respondent. Beverly Gross for State Division of Human Rights, respondent.

ROGER J. MINER, J.

This is a proceeding challenging the constitutionality of Executive Order No. 45 (9 NYCRR 3.45), promulgated by respondent Governor on January 4, 1977. The petitioners are organizations of building contractors and labor unions involved in the construction industry in New York State. The proceeding will be converted to an action for declaratory judgment in view of the relief requested. (CPLR...

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