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GARBER v. BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK

38 A.D.3d 833 (2007)

834 N.Y.S.2d 203

DONALD GARBER et al., Appellants, et al., Plaintiff, v. BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK et al., Respondents.

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

Decided March 27, 2007.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court correctly determined that the plaintiffs lacked standing as citizen taxpayers under State Finance Law § 123-b to maintain this action for a judgment, inter alia, to permanently enjoin the defendants State University of New York at Stony Brook (hereinafter SUNY Stony Brook) and its president and/or Stony Brook Foundation...

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