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LAVALLE v. HAYDEN

182 Misc.2d 409 (1999)

696 N.Y.S.2d 782

KENNETH P. LAVALLE et al., Plaintiffs, v. CARL T. HAYDEN et al., Defendants.

Supreme Court, Suffolk County.

September 30, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (June Steinberg of counsel), for Alexander F. Treadwell, as Secretary of State, and another, defendants.

Cravath, Swaine & Moore, New York City (Frederick A.O. Schwarz, Jr., of counsel), for Board of Regents of University of State of New York and others, defendants.

Hamburger, Maxson & Yaffe, L. L. P., Melville (David N. Yaffe of counsel), for plaintiffs.

OPINION OF THE COURT

ALAN D. OSHRIN, J.

In this action for declaratory and injunctive relief, the plaintiffs maintain that the manner in which members of the Board of Regents are elected pursuant to the alternative joint ballot provision of section 202 (1) and (2) of the Education Law violates their right to a bicameral legislative system as established by the State Constitution which vests the Legislature with nondelegable appointment authority over the...

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