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FRANK v. STATE OF N. Y.

61 A.D.2d 466 (1978)

Harry B. Frank et al., Respondents, v. State of New York et al., Appellants

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

March 15, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), for appellants.

Queller, Fisher & Block (Fred Queller of counsel), for respondents.

Greenbaum, Wolff & Ernst (Roger Bryant Hunting of counsel), for Committee for Modern Courts, Inc., and others, amici curiae.

MARTUSCELLO, J. P., GULOTTA, COHALAN and MARGETT, JJ. concur.

SHAPIRO, J.

Plaintiffs commenced this action to obtain, inter alia, a judgment declaring that Amendments to the Constitution of the State of New York numbered One, Two and Three, which were submitted to, and approved by, the voters of New York State at the general election held on November 8, 1977, are null and void.

Plaintiffs moved for summary judgment and defendants cross-moved for summary judgment...

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