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BD. OF EDUC v. CAREY

110 Misc.2d 580 (1981)

Board of Education of the Deer Park Union Free School District, Plaintiff, and Board of Education of the Cohoes City School District et al., Intervenors, v. Hugh Carey, as Governor of the State of New York, et al., Defendants.

Supreme Court, Special Term, Suffolk County.

September 8, 1981

Attorney(s) appearing for the Case

Cooper and Englander for plaintiff and intervenors-plaintiffs. Robert Abrams, Attorney-General (Clement H. Berne of counsel), for defendants.

JOSEPH JASPAN, J.

The plaintiff and plaintiff-intervenors in this action move, pursuant to CPLR 3212, for an order granting them summary judgment upon the grounds that (a) chapter 55 and chapter 71 (§ 8, subd b) of the Laws of 1977 are unconstitutional; (b) that the Department of Civil Service acted in an arbitrary and capricious manner and in excess of its authority in its demand that movants execute an agreement based on chapter 55 of the Laws...

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