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KALKSTEIN v. DiNAPOLI

170 Misc.2d 165 (1996)

647 N.Y.S.2d 657

In the Matter of Lawrence Kalkstein et al., Petitioners, v. Thomas DiNapoli, as Chair of the New York State Assembly Standing Committee on Governmental Operations, et al., Respondents.

Supreme Court, Albany County.

July 15, 1996

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Conolly, L. L. P., Albany (Michael J. Hutter, Dale M. Thuillez and H. Neal Conolly of counsel), for petitioners. Cleary, Gottlieb, Steen & Hamilton, New York City (Evan A. Davis and Carmine D. Boccuzzi of counsel), for respondents.

JOSEPH HARRIS, J.

The instant case involves the perpetual clash between the legislative process, the constitutional rights of free speech, association and privacy of individuals, and the power of the judiciary as the arbiter between the two.

THE FACTS

Shortly after the last gubernatorial election in November 1994, in which the incumbent party was defeated and George E. Pataki was elected...

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