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OHRENSTEIN v. THOMPSON

82 A.D.2d 670 (1981)

In the Matter of Manfred Ohrenstein et al., on Behalf of Themselves and All Other Members of The New York State Senate Similarly Situated, Appellants, v. Roger C. Thompson, Individually and as Secretary of The New York State Senate, et al., Respondents

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

October 8, 1981

Attorney(s) appearing for the Case

Eric Lane for appellants.

John F. Haggerty for respondents.

SWEENEY and KANE, JJ., concur with CASEY, J.; MAHONEY, P. J., and WEISS, J., concur in an opinion by MAHONEY, P. J.

CASEY, J.

The only issue on this appeal is whether certain entries in the Senate Journal for April 17, 1980 are so inaccurate as to violate section 10 of article III of the State Constitution. That section provides, in part, that "[e]ach house of the legislature shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy". Petitioners contend that implicit in that provision is a mandate to keep the journal accurately...

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