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MATTER OF McGARVEY v. REGAN

146 Misc.2d 223 (1989)

In the Matter of John McGarvey et al., Petitioners, v. Edward V. Regan, as Comptroller of the State of New York, et al., Respondents.

Supreme Court, Albany County.

December 29, 1989

Attorney(s) appearing for the Case

Leeds & Morelli for petitioners. Robert Abrams, Attorney-General (John S. Sherman of counsel), for respondents.

WILLIAM H. KENIRY, J.

Petitioners in this CPLR article 78 proceeding challenge the constitutionality of section 243 of the Military Law upon the ground that it allegedly violates the Equal Protection Clause of the Fourteenth Amendment of the US Constitution.

All of the 17 petitioners are active police officers who are members of the Suffolk County Police Department. Each petitioner is a member of and...

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