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MATTER OF CROMARTY v. LEONARD

13 A.D.2d 275 (1961)

In the Matter of Arthur M. Cromarty, Individually and as a Member of The Board of Supervisors of Suffolk County, Respondent, v. William Leonard, as Presiding Officer of The Board of Supervisors of Suffolk County, et al., Appellants; David Zaron, as Secretary of The Civil Service Commission of Suffolk County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1961.

Attorney(s) appearing for the Case

Reginald C. Smith for appellants.

Eugene J. Blumberg for Arthur M. Cromarty, respondent.

KLEINFELD and BRENNAN, JJ., concur with NOLAN, P. J.; BELDOCK and UGHETTA, JJ., dissent and vote to affirm, with memorandum.

NOLAN, P. J.

We are required on this appeal to determine, with respect to a Supervisor's abstention from voting on a resolution offered by a member of the Board of Supervisors of Suffolk County, whether the Chairman or presiding officer of the board has the power to record such abstention as a vote against the adoption of the resolution.

The essential facts are not in dispute.

Petitioner Cromarty...

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