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In re County of Suffolk

41 N.Y. 968 Court N.Y. Decision date 1977-03-31 English

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p. 968
In the Matter of County of Suffolk et al., Respondents. Suffolk County Legislature et al., Appellants.
Argued March 23, 1977;
decided March 31, 1977
p. 969
Gary N. Weintraub for appellants.
Howard E. Pachman, County Attorney, for respondents.

Judgment, insofar as appealed from, reversed, without costs, on thé dissenting opinion by Mr. Justice Vito J. Titone at the Appellate Division, and judgment granted in favor of appellants declaring that subdivision (a) of section 223 of the Suffolk County Charter does not require the submission of a resolution appointing a Police Commissioner to the County Executive for his approval or disapproval.

Concur: Chief Judge Breitel and Judges Jasen, Jones and Fuchsberg. Judges Gabrielli, Wachtler and Cooke dissent and vote to affirm on the opinion by Presiding Justice Frank A. Gulotta at the Appellate Division.