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MULROY v. CAREY

43 N.Y.2d 819 (1977)

John H. Mulroy, as County Executive and Chief Budget Officer of the County of Onondaga, Appellant-Respondent, v. Hugh L. Carey, as Governor of the State of New York, et al., Respondents, and Richard A. Hennessy, Jr., as District Attorney of the County of Onondaga, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1977.

Attorney(s) appearing for the Case

Ralph I. Greenhouse, County Attorney (Rudolph V. Parr, Diane E. Tucker, Peter R. Eriksen, John R. Voninski and Raymond A. Meier of counsel), for appellant-respondent.

Richard A. Hennessy, Jr., District Attorney (John A. Cirando, William J. Fitzpatrick and Bryan R. Hedges of counsel), respondent-appellant pro se.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Jean M. Coon, Peter D. Andreoli, Norman Hatt and Henry De Cotis of counsel), respondent pro se, and for remaining respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE concurs in result in a separate opinion.

MEMORANDUM.

Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice G. ROBERT WITMER at the Appellate Division (58 A.D.2d 207).

In affirming, no view is expressed whether in any or all circumstances the exercise of the executive power to supersede an elected District Attorney would be beyond judicial review or correction in a direct or collateral action...

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