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HARRINGTON v. STATE OF NEW YORK OFFICE OF COURT ADMIN.

62 N.Y.2d 626 (1984)

Milton E. Harrington, Jr., Respondent, v. State of New York Office of Court Administration, Respondent, and Lloyd W. Merritt, as Town Justice of the Town of Kirkwood, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 3, 1984.

Attorney(s) appearing for the Case

Herbert A. Kline, Town Attorney (Ferris D. Lebous of counsel), for appellant.

Stanley B. Reiter for Milton E. Harrington, Jr., respondent.

Marc C. Bloustein, Michael Colodner and Christine Kopec for State of New York Office of Court Administration, respondent.

Judges JONES, MEYER, SIMONS and KAYE concur; Judge JASEN dissents and votes to reverse in an opinion in which Judge WACHTLER concurs; Chief Judge COOKE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court (94 A.D.2d 863). Whatever may have been the pre-enactment deliberations as evidenced in the draft bill, the 1977 amendment as finally adopted does not contain sufficient manifestation of a legislative intent...

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