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HARRY B. FRANK et al., Appellants, v. STATE OF NEW YORK et al., Respondents.

MEMORANDUM.

The order appealed from should be affirmed, without costs, on the opinion of Mr. Justice J. IRWIN SHAPIRO at the Appellate Division. In addition we would note our approval of the conclusion in that opinion ( 61 A.D.2d 466, n 2) that under the Constitution it is only the succeeding Legislature, here the 1977 Legislature, which had the authority and "the duty * * * to submit each proposed amendment or amendments to the people * * * in such manner" as it shall prescribe (NY Const, art XIX, § 1). In our view that is precisely what the Constitution provides and, of course, that is exactly what was done in this case.

Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Chief Judge BREITEL and Judge FUCHSBERG taking no part.

Order affirmed, without costs, in a memorandum.

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FRANK v. STATE OF NEW YORK
(Mar 28, 1978)