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KOENIG v. MORIN

43 N.Y.2d 737 (1977)

Martin R. Koenig, as President of the Civil Service Employees Association, Inc., Monroe Chapter, et al., Appellants, v. Lucien A. Morin, as County Manager of the County of Monroe, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 22, 1977.

Attorney(s) appearing for the Case

James W. Roemer, Jr., and William Wallens for appellants.

Carl R. Krause and James A. Spitz, Jr., for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge COOKE dissents and votes to retain jurisdiction and modify in a separate opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the case remitted to Supreme Court with directions to dismiss the complaint on the ground that the issues presented are moot.

The resolution of the County Legislature of Monroe County which enacted the 10-day furlough program was explicitly restricted to the year 1976. In consequence of the institution of the present litigation...

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