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  5. 42 N.Y.2d 230 (1977)
 

MATTER OF GALLAGHER v. REGAN

42 N.Y.2d 230 (1977)

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

Court of Appeals of the State of New York.

Decided July 5, 1977.

Attorney(s) appearing for the Case

James L. Magavern and James P. Caher for appellants.

Timothy A. McCarthy for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We hold that positions in Erie County government established by the County Charter and the Administrative Code cannot be abolished by the County Legislature by striking salary appropriations for such positions from the budget submitted by the County Executive.

As members of the Erie County Legislature and as citizen-taxpayers, petitioners initiated this litigation by submission to the Appellate...

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