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In the Matter of TOWN OF NORTH HEMPSTEAD et al., Appellants, v. EDWARD V. REGAN, as Comptroller of the State of New York, et al., Respondents.

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edward S. Conway, J. Ivan Kline, Town Attorney of Town of North Hempstead, Manhasset (Kathleen G. Oldak of counsel), for Town of North Hempstead and others, appellants.

Seward Seward, Rockville Centre (William E. Seward of counsel), for Village of Rockville Centre, appellant.

Robert Abrams, Attorney-General, Albany (Wayne L. Benjamin, Jerry Boone and Peter H. Schiff of counsel), for respondents.

Lydia Rocissano Marola, Albany, for New York State Conference of Mayors and Other Municipal Officials, amicus curiae.

Order affirmed, with costs, for the reasons stated in the opinion by Justice Paul J. Yesawich, Jr., at the Appellate Division ( 171 A.D.2d 165).

Concur: Judges SIMONS, KAYE, HANCOCK, JR., TITONE and BELLACOSA. Taking no part: Chief Judge WACHTLER and Judge SMITH.

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MATTER OF TOWN OF NORTH HEMPSTEAD v. REGAN
(Oct 15, 1992)