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NY CITIZENS UTIL BD v. PATAKI

231 A.D.2d 185 (1997)

659 N.Y.S.2d 933

In the Matter of New York Citizens Utility Board, Inc., Appellant, v. George Pataki, as Governor of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 10, 1997

Attorney(s) appearing for the Case

Michael D. Diederich, Jr., Stony Point, for appellant.

Dennis C. Vacco, Attorney-General, Albany (Daniel Smirlock and Nancy A. Spiegel of counsel), for respondents.

MERCURE, J. P., CASEY, PETERS and CARPINELLO, JJ., concur.

SPAIN, J.

In January 1991 then-Governor Mario Cuomo issued Executive Order No. 141 (9 NYCRR 4.141) granting petitioner, a State-wide not-for-profit organization established to represent residential utility customers, the right to include promotional inserts in State agency mailings for a period of three years. Thereafter, a proceeding was commenced in Supreme Court challenging the constitutionality of Executive...

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