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LAFAYETTE AVE v. COMPTROLLER

152 Misc.2d 108 (1991)

3 Lafayette Avenue Corp. et al., Petitioners, v. Comptroller of the State of New York, Respondent.

Supreme Court, Albany County.

September 20, 1991

Attorney(s) appearing for the Case

Sankel, Skurman & McCartin (Joel S. Sankel of counsel), for petitioners. Robert Abrams, Attorney-General (Donald E. Shehigian of counsel), for respondent.

WILLIAM H. KENIRY, J.

Petitioners in this CPLR article 78 proceeding seek a judgment compelling the Comptroller of the State of New York to pay them $4.55 million in compliance with the terms of three agreements for advance payments entered into between the petitioners and the State pursuant to EDPL 304.

On April 19, 1988, the State of New York acting through the Office of Mental Hygiene and the Facilities...

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