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HEDLEY v. STATE UNIV. OF NEW YORK

43 N.Y.2d 698 (1977)

W. Eugene Hedley et al., Appellants, v. State University of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 1977.

Attorney(s) appearing for the Case

Richard F. Bellman and Eugene G. Eisner for appellants.

Louis J. Lefkowitz, Attorney-General (Emanuel M. Kay and Samuel A. Hirshowitz of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order affirmed, with costs. Amendment of the master plan is not a prerequisite to desisting from fulfilling parts of the plan. The statutes, as noted by Mr. Justice TITONE in his concurring opinion before the remand to Special Term (54 A.D.2d 891), evince "that the master planning process for the development and expansion of higher education in the State is authorizing and permissive...

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