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MONTGOMERY COUNTY v. HEVESI

1 Misc.3d 522 (2003)

764 N.Y.S.2d 597

In the Matter of COUNTY OF MONTGOMERY et al., Petitioners, v. ALAN G. HEVESI, as Comptroller and Sole Trustee of the New York State and Local Retirement System, et al., Respondents.

Supreme Court, Albany County.

September 10, 2003.

Attorney(s) appearing for the Case

Roemer Wallens & Mineaux, LLP (Robert E. Smith of counsel), for petitioners.

Eliot Spitzer, Attorney General (Roger W. Kinsey of counsel), for Alan G. Hevesi and another, respondents.

Robert J. Krzys for Gordon J. Faltermeier, respondent.

OPINION OF THE COURT

DAN LAMONT, J.

Petitioners bring this proceeding pursuant to CPLR article 78 seeking a judgment declaring and adjudging that respondent McCall's September 6, 2002 findings of fact and conclusions of law overturning Hearing Officer Lomanto's July 30, 2002 bench decision be vacated as arbitrary and capricious, an abuse of discretion, violative of law and in excess of respondents' jurisdiction...

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