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MATTER OF SCHULZ v. STATE

86 N.Y.2d 225 (1995)

654 N.E.2d 1226

630 N.Y.S.2d 978

In the Matter of Robert L. Schulz et al., Appellants, et al., Petitioners, v. State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 14, 1995.

Attorney(s) appearing for the Case

Robert L. Schulz, Glens Falls, Nicholas J. Selvaggio, East Northport, Gaetano V. Cruciani, Commack, and Salvatore J. Grenci, West Islip, appellants pro se.

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary, Victoria A. Graffeo and Peter H. Schiff of counsel), for State of New York and others, respondents.

Cahn Wishod & Lamb, Melville (Richard C. Cahn of counsel), for Commack Board of Education, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and SMITH concur with Judge LEVINE; Judge CIPARICK dissents in part in a separate opinion.

LEVINE, J.

Plaintiffs in this citizen-taxpayer action appeal as of right pursuant to CPLR 5601 (b) from so much of an order of the Appellate Division (205 A.D.2d 912) which affirmed the dismissal of their third, sixth and eighth causes of action in their complaint-petition (hereinafter the complaint). The complaint, dismissed in its entirety by Supreme Court, set forth eight...

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