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La Carrubba v. Klein

46 N.Y.2d 1009 Court N.Y. Decision date 1979-03-27 English

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Majority

p. 1009
In the Matter of Gioanna I. La Carrubba, Respondent, v John V. N. Klein, as County Executive of Suffolk County, et al., Appellants.
Argued February 12,1979;
decided March 27,1979
p. 1010
APPEARANCES OF COUNSEL
Howard E. Pachman, County Attorney (Aton J. Borovina of counsel), for appellants.
James M. Catterson, Jr., and Richard T. Nolan for respondent.

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, with costs, for the reasons stated in the majority opinion of Mr. Justice J. Irwin Shapiro at the Appellate Division. We note for the record that the proposed constitutional amendment referred to in that opinion ( 59 AD2d 99 , 103-104), having been agreed to by a second Legislature, was approved and ratified, effective as of April 1, 1978, by a majority of the State’s electors at a general election and has been in force since then (NY Const, art VI, §§ 22, 36-a; see, also, Judiciary Law, art 2-A).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

p. 1011
Order affirmed, with costs, in a memorandum.

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