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MATTER OF GALIN v. BD. OF ESTIMATE OF THE CITY OF NEW YORK

52 N.Y.2d 869 (1981)

In the Matter of Miles A. Galin, Appellant, v. Board of Estimate of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided January 15, 1981.

Attorney(s) appearing for the Case

Leonard F. Rothkrug for appellant.

Allen G. Schwartz, Corporation Counsel (Ronald E. Sternberg and L. Kevin Sheridan of counsel), for respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES. Judge MEYER dissents and votes to reverse in an opinion in which Judges WACHTLER and FUCHSBERG concur.

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice ARNOLD L. FEIN at the Appellate Division (72 A.D.2d 114).

MEYER, J. (dissenting).

Because the decisions of both the Board of Estimate and of the Appellate Division are based upon a factual assumption for which there is no support in the record and because the Appellate Division decision applied...

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