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CLARK v. CUOMO

105 A.D.2d 451 (1984)

George L. Clark, Jr., Individually and as Chairman of The New York Republican State Committee, Respondent, v. Mario M. Cuomo, as Governor of The State of New York, et al., Appellants

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

October 2, 1984

Motion to vacate statutory stay pursuant to CPLR 5519 (subd [c]) granted, without costs. Unlike the situation presented upon respondent's prior motion to vacate the statutory stay, which motion was denied, a final judgment has now been rendered, after trial, adjudging that Executive Order No. 43 [9 NYCRR 4.43] is unconstitutional and enjoining appellants from implementing the order. Upon consideration of the particular circumstances presented, we are of the opinion that the...

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