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In the Matter of ALBERT D. DAYE, Respondent-Appellant, v. THOMAS F. McCOY, as State Administrator of the Judicial Conference of the State of New York, Appellant-Respondent. In the Matter of SAMUEL S. HERSHFIELD et al., Appellants,

In first above-entitled proceeding: On the appeal by petitioner: Order affirmed, without costs. On the appeal by respondent: Appeal dismissed, without costs, upon the ground that respondent is not aggrieved by the modification at the Appellate Division (CPLR 501, subd. [a], par. [iii]; Barber Bennett v. State of New York, 27 N.Y.2d 738). No opinion.

In second above-entitled proceeding: Order affirmed, without costs; no opinion.

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge GIBSON taking no part.

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MATTER OF DAYE v. McCOY
(Nov 2, 1972)