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HARRINGTON v. STATE OF NY

114 Misc.2d 351 (1982)

Milton E. Harrington, Jr., Plaintiff, v. State of New York Office of Court Administration et al., Defendants.

Supreme Court, Special Term, Broome County.

May 28, 1982

Attorney(s) appearing for the Case

Waite, Berry & Reiter for plaintiff. Paul A. Feigenbaum for State of New York Office of Court Administration, defendant. Robert Abrams, Attorney-General (John R. Marshall, Jr., of counsel), for Robert W. Coutant, defendant. Pearis, Resseguie, Kline & Barber (Herbert A. Kline of counsel), for Lloyd W. Merritt, defendant. Kenneth P. Helisek, amicus curiae.

STEPHEN SMYK, J.

In this action for a declaratory judgment construing CPL 460.70 (subd 1) and for certain associated injunctive relief, defendants have moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 2, 7) on the grounds that the court lacks jurisdiction of the subject matter of plaintiff's cause of action, and that the complaint fails to state a cause of action against defendants. The court subsequently converted

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