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MTR OF GALLAGHER v. REGAN

55 A.D.2d 284 (1976)

In the Matter of Raymond F. Gallagher et al., as Erie County Legislators and Citizen Taxpayers, Plaintiffs, v. Edward V. Regan, as Chief Executive and Budget Officer of The County of Erie, et al., Defendants

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

December 29, 1976

Attorney(s) appearing for the Case

Timothy A. McCarthy and Alvin M. Glick for plaintiffs.

James L. Magavern for defendants.

CARDAMONE, J. P., SIMONS, GOLDMAN and WITMER, JJ., concur.

DILLON, J.

This controversy has been submitted upon an agreed statement of facts pursuant to CPLR 3222. Several issues are presented which will be resolved separately.

The Erie County Executive submitted to the Erie County Legislature, in a timely manner, a tentative budget pursuant to section 1802 of the Erie County Charter (Local Laws, 1959, No. 1 of County of Erie as amd). The Legislature acted thereon...

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