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ANDERSON v. REGAN

80 A.D.2d 490 (1981)

Warren M. Anderson et al., Respondents, v. Edward V. Regan, as New York State Comptroller, et al., Appellants

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

June 1, 1981

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Shirley Adelson Siegel of counsel), for appellants.

John F. Haggerty for respondents.

MAHONEY, P. J., SWEENEY, CASEY and WEISS, JJ., concur; HERLIHY, J., dissents and votes to affirm in an opinion.

Per Curiam.

This controversy concerns the legality of expenditures of moneys, without an appropriation by the State Legislature, received by the State from the Federal Government and held in a joint custody fund under the control of the State Comptroller and the Commissioner of Taxation and Finance. The funds are released on warrant of the Comptroller directly to State agencies upon application. The underlying action seeks a judgment declaring that such expenditures...

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