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MATTER OF LEBRUN v. McGUIRE

196 Misc.2d 874 (2003)

764 N.Y.S.2d 565

In the Matter of CHARLES J. LEBRUN, Petitioner, v. THOMAS P. McGUIRE, JR., as Adjutant General of the State of New York Division of Military and Naval Affairs, et al., Respondents.

Supreme Court, Albany County.

August 6, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Krista Zinser of counsel), for respondents.

Esseks, Hefter, Angel, Riverhead (William P. Maloney of counsel), for petitioner.

OPINION OF THE COURT

LOUIS C. BENZA, J.

Respondents move this court to dismiss petitioner's CPLR article 78 application for failure to state a cause of action and that his claims are nonjusticiable pursuant to CPLR 3211 (a) (7). Petitioner opposes such relief.

Between April 1993 through March 2003, petitioner was employed as a civilian employee of respondent State of New York Division of Military and...

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