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  5. 72 N.Y.2d 963 (1988)
 

KENDALL v. EVANS

72 N.Y.2d 963 (1988)

Irving B. Kendall, Respondent, v. Herbert B. Evans, as Chief Administrative Judge of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 13, 1988.

Attorney(s) appearing for the Case

Michael Colodner, John Eiseman and Barbara Zahler-Gringer for Herbert Evans, as Chief Administrative Judge of the State of New York, appellant.

Robert Abrams, Attorney-General (Lawrence S. Kahn and Abigail I. Petersen of counsel), for Edward V. Regan, as Comptroller of the State of New York, and another, appellants.

David C. Gilberg for respondent.

Concur: Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Chief Judge WACHTLER and Judge BELLACOSA.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (126 A.D.2d 703

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