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HONIG v. RENSSELAER COUNTY LEGISLATURE

32 N.Y.2d 688 (1973)

Nedda R. Honig, on Behalf of Herself and All Other Residents of the County of Rensselaer, Similarly Situated, Plaintiff, v. Rensselaer County Legislature et al., Defendants, and State of New York et al., Appellants, and City of Troy et al., Respondents.

Court of Appeals of the State of New York.

Decided March 23, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert W. Imrie, Ruth Kessler Toch and Jack W. Hoffman of counsel), for State of New York, appellant.

John E. Mirch for Thomas G. Cholakis, as Majority Leader of the Rensselaer County Legislature, appellant.

James T. Ronan for John A. Murphy, as Member of the Rensselaer County Legislature, appellant.

William Jubic, Corporation Counsel, for City of Troy, respondent.

Thomas V. Kenny, Edward M. Murray and Donald C. Bowes for Joseph G. Manupella, as Minority Leader of the Rensselaer County Legislature, respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

Order affirmed, without costs, on the opinion at the Appellate Division. We would but add that the prior appeals did not preclude that court or this from approving the plan promulgated under the doctrine of law of the case (see, generally, Dall v. Time Inc., 252 App. Div. 636, 641, affd. 278 N.Y. 635, mot. for rearg. den. 278 N.Y. 718; Scott & Co. v. Scott, 186 App. Div. 518, 526; Matter of Collins, 20 Misc.2d 283<...

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