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MTR. OF CO. OF SUFFOLK

56 A.D.2d 301 (1977)

In the Matter of County of Suffolk

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

March 7, 1977

Attorney(s) appearing for the Case

Howard E. Pachman, County Attorney (Stanley S. Corwin of counsel; Anton J. Borovina on the brief), for County of Suffolk and others.

Gary N. Weintraub for Suffolk County Legislature and others.

Hartman & Alpert (Allen Morganstern of counsel), for Eugene R. Kelley.

MARTUSCELLO and DAMIANI, JJ., concur with GULOTTA, P. J.; TITONE, J., concurs in the second declaration of the majority, but otherwise dissents and votes to declare that the resolution appointing Donald J. Dilworth as Suffolk County Police Commissioner is effective, without the need to submit that resolution to the County Executive for his approval or disapproval, and that the County Executive does not have the power to veto said resolution, with an opinion, in which HOPKINS, J., concurs.

GULOTTA, P. J.

In an action on submitted facts pursuant to CPLR 3222 to declare the rights of the respective parties, the initial question for determination is whether a resolution duly adopted by the Suffolk County Legislature appointing a police commissioner pursuant to subdivision a of section 1202 of the County Charter (L 1958, ch 278, as amd) must be submitted to the County Executive for his approval or disapproval pursuant to subdivision (a) of...

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