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DE MILIA v. STATE OF NY

96 Misc.2d 77 (1978)

Samuel De Milia, as President of the Patrolmen's Benevolent Association of the City of New York, et al., Plaintiffs, v. State of New York et al., Defendants.

Supreme Court, Special Term, New York County.

December 11, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Shirley Adelson Siegel of counsel), for State of New York and others, defendants. Allen G. Schwartz, Corporation Counsel (Janice C. Griffith and Michael S. Cecere of counsel), for Edward Koch, defendant. Malcolm D. MacDonald and Eleanor MacDonald for Arvid Anderson, defendant. Paul, Weiss, Rifkind, Wharton & Garrison (Max Gitter and Andrew Kull of counsel), for Municipal Assistance Corporation, amicus curiae. Hartman & Lerner (Eugene N. Axelrod of counsel), for plaintiff.

HORTENSE W. GABEL, J.

Motions Nos. 15 and 16 of September 19, 1978 are consolidated for disposition.

In this matter, the court is called upon to determine whether chapter 201 of the Laws of 1978, including section 23 (subd 3, pars [a]-[h]) of chapter 201 of the Laws of 1978, is unconstitutional on several grounds alleged by plaintiff Patrolmen's Benevolent Association (PBA). Chapter 201 amends the New...

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