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LAWYERS' ASSN. v. PATAKI

188 Misc.2d 776 (2001)

727 N.Y.S.2d 851

NEW YORK COUNTY LAWYERS' ASSOCIATION, Plaintiff, v. GEORGE E. PATAKI, as Governor of the State of New York, et al., Defendants.

Supreme Court, New York County.

January 16, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Carol Olson of counsel), for State of New York, defendant.

Davis Polk & Wardwell (Frank Moseley of counsel), for plaintiff.

OPINION OF THE COURT

LUCINDO SUAREZ, J.

The primary issues in this motion to dismiss the complaint are whether plaintiff bar association has standing to challenge the statutory compensation rates paid to assigned private counsel, and whether such challenge presents a justiciable claim. This Court answers both questions in the affirmative. The secondary and tertiary issues are whether defendant Governor George E. Pataki is a proper party to this action, and...

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