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MATTER OF WEBER v. CUOMO

162 Misc.2d 237 (1994)

616 N.Y.S.2d 688

In the Matter of James Weber, Petitioner, v. Mario Cuomo, as Governor of the State of New York, et al., Respondents.

Supreme Court, Albany County.

August 5, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Glenn T. Marrow of counsel), for respondents. James Weber, petitioner pro se.

JOSEPH HARRIS, J.

This CPLR article 78 proceeding challenges Department of Correctional Services (DOCS) Directive 4911 which requires that tobacco products entering New York State correctional facilities bear a New York State tax stamp.

Respondents oppose the petition and move to dismiss it on the grounds that it fails to state a cause of action. (CPLR 3211 [a] [7].)

Petitioner asserts, among...

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