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In the Matter of ARTHUR T. DAVIDSON, Appellant, v. DONALD F. TAPLEY, as Dean of the Columbia Uni

In a proceeding pursuant to CPLR article 78 to compel respondents to assign petitioner "to Attending Surgical Duties at Harlem Hospital Center", petitioner appeals from a judgment of the Supreme Court, Westchester County, entered June 30, 1976, which dismissed the petition for failure to state a cause of action. Judgment affirmed, without costs or disbursements. Special Term properly ruled that the "petition fails to state a cause of action in that it does not allege any legal wrong". Martuscello, J.P., Latham, Shapiro and O'Connor, JJ., concur.

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MATTER OF DAVIDSON v. TAPLEY
(May 23, 1977)