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HEIMBACH v. STATE

59 N.Y.2d 891 (1983)

Louis Heimbach, Individually and as County Executive of Orange County, et al., Appellants, v. State of New York et al., Respondents. Warren M. Anderson, as Temporary President and Majority Leader of the New York State Senate, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided June 16, 1983.

Attorney(s) appearing for the Case

James G. Sweeney, County Attorney, for appellants.

Robert Abrams, Attorney-General (Richard G. Liskov, Peter H. Schiff and Daniel Kaplan of counsel), for respondents.

William Y. Crowell, III, and John F. Haggerty for intervenor-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiffs commenced this action seeking a declaratory judgment that (1) "the roll call vote taken upon proposition designated as A9050 * * * was not correctly registered by the Clerk of the Senate"; and (2) that chapter 485 of the Laws of 1981 (Tax Law, § 1109) is violative of the equal protection clause of the Fourteenth Amendment...

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