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BOWER & GARDNER v. EVANS

60 N.Y.2d 781 (1983)

Bower & Gardner et al., Appellants, v. Herbert B. Evans, as Chief Administrative Judge, Respondent.

Court of Appeals of the State of New York.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Nancy Ledy Gurren, John J. Bower, Leah G. Kaplan and Karen L. Hymowitz for appellants.

Patricia P. Satterfield, Paul A. Feigenbaum and Michael Colodner for respondent.

Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur; Chief Judge COOKE and Judge MEYER taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs, by dismissing the complaint.

The Appellate Division's decision to deny declaratory relief with respect to the plaintiffs' contention that the statute is unconstitutional as applied is apparently not contested on this appeal. In any event the Legislature has provided that a declaratory judgment is a discretionary remedy (CPLR 3001), and...

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