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MATTER OF MARTHEN v. EVANS

104 Misc.2d 553 (1980)

In the Matter of George W. Marthen, as Hamilton County Court Judge and Surrogate, Fourth Judicial District, Individually and on Behalf of All Other New York State Judges and Surrogates Similarly Situated, Petitioner, v. Herbert B. Evans, as Chief Administrative Judge of the Courts of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 3, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (James McSparron of counsel), for respondents. Lipsig, Sullivan, Mollen & Liapakis, P. C. (Harry H. Lipsig and David Jacobs of counsel), for petitioner.

HAROLD J. HUGHES, J.

Respondents seek to dismiss this proceeding upon objections in point of law that: (1) the court lacks jurisdiction to entertain this proceeding or grant the relief sought; (2) respondents Cooke, Mahoney, Harvey and Regan are not proper parties to the proceeding; (3) the proceeding is improperly commenced as a class action; and (4) the petition fails to state facts sufficient to entitle...

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