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MATTER OF TRIUMPH v. O'SHEA

77 A.D.2d 363 (1980)

In the Matter of The Remedy for Infinite Unconcern for the Mentally and Physically Handicapped (TRIUMPH), Inc., Respondent, v. James C. O'SHEA, as Commissioner of the Office of General Services of The State of New York, et al., Appellants

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

December 4, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (William J. Kogan, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for appellants.

Fischbein, Olivieri & Rozenholc (Kenneth G. Schwarz of counsel), for respondent.

MAHONEY, P. J., GREENBLOTT, MIKOLL and HERLIHY, JJ., concur.

MAIN, J.

Petitioner is a not-for-profit corporation which was formed in 1972 to create small residential villages throughout the State of New York, each of which was to house retarded children. Pursuant to chapter 782 of the Laws of 1974, respondent Commissioner of the Office of General Services was "authorized to sell and convey" a certain parcel of surplus State property to petitioner upon such terms and conditions...

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