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BD OF EDUC v. REGAN

107 Misc.2d 37 (1980)

Board of Education, Syracuse City School District, Plaintiff, v. Edward V. Regan, as Comptroller of the State of New York, et al., Defendants.

Supreme Court, Onondaga County.

October 27, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Nancy S. Jones of counsel), for defendants. David M. Garber, Corporation Counsel (Robert J. Jenkins of counsel), for plaintiff.

PARKER J. STONE, J.

Defendants have moved to dismiss the complaint and for summary judgment on behalf of defendants on the grounds that the complaint fails to state a cause of action. The plaintiff has cross-moved for summary judgment.

Section 99-c of the State Finance Law (L 1977, ch 55, § 1) became effective on April 1, 1977. This statute empowers the Comptroller to establish a fund called the Health Insurance Reserve Receipts Fund (HIRRF...

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