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OPINION OF THE COURT
Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 798; see, also, Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler. Judges Fuchsberg and Meyer dissent
*828 and vote to reverse (see dissenting opn by Fuchsberg, J., in Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).
Document Info
Filed Date: 11/20/1979
Precedential Status: Precedential
Modified Date: 1/12/2023