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  5. 46 N.Y.2d 1049 (1979)
 

MATTER OF CURLE v. WARD

46 N.Y.2d 1049 (1979)

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

Court of Appeals of the State of New York.

Amended April 5, 1979.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lawrence L. Doolittle and Ruth Kessler Toch of counsel), for appellants.

Richard R. Rowley and Jeffrey G. Plant for respondent.

Chief Judge COOKE and Judges JASEN, JONES and FUCHSBERG concur; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judge GABRIELLI concurs.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to respondent, by providing that the declarations of unconstitutionality be stricken.

Examination of the record on respondent's motion for summary judgment reveals that appellants have failed to tender sufficient evidence of the claimed detrimental impact of employee membership in the Ku Klux...

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