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MAURER v. EMERGENCY MGT. OFF.

196 Misc.2d 750 (2003)

763 N.Y.S.2d 737

In the Matter of DONALD MAURER et al., Petitioners, v. STATE EMERGENCY MANAGEMENT OFFICE et al., Respondents.

Supreme Court, Albany County.

June 30, 2003.

Attorney(s) appearing for the Case

Hinman Straub P.C., Albany (William F. Sheehan of counsel), for petitioners.

Eliot Spitzer, Attorney General, Albany (Jeffrey P. Mans of counsel), for respondents.

OPINION OF THE COURT

JAMES B. CANFIELD, J.

Petitioners in this CPLR article 78 proceeding ask the court to treat Matter of Neary v New York State Div. of Budget (192 Misc.2d 375 [2002]) as though it were a class action lawsuit and mandamus the state respondents to grant petitioners the same relief despite the fact that petitioners did not commence timely certiorari...

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