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AUTOMATED TICKET SYS., LTD. v. QUINN

49 N.Y.2d 792 (1980)

Automated Ticket Systems, Ltd., Appellant, v. John D. Quinn, as Director of the New York State Division of the Lottery, et al., Respondents.

Court of Appeals of the State of New York.

Remittitur amended April 1, 1980

Decided February 20, 1980.

Attorney(s) appearing for the Case

Samuel Gottlieb and Milton Shalleck for appellant.

Robert Abrams, Attorney-General (Peter J. Dooley and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be modified by deleting therefrom the words "and complaint dismissed" and as modified affirmed on the memorandum of the Appellate Division, without costs. What was transferred to Albany Supreme Court by New York County Supreme Court was a motion made in the New York County action, which the court held was more properly the subject of an article 78 proceeding. The underlying...

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