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  5. 45 N.Y.2d 287 (1978)
 

MORIN v. FOSTER

45 N.Y.2d 287 (1978)

Lucien A. Morin, as County Manager and as Director of Finance of the County of Monroe, et al., Respondents, v. Edwin A. Foster et al., Individually and as Monroe County Legislators, et al., Appellants. Allen J. Polvino, Individually and on Behalf of All Other People Similarly Situated, Respondent, v. Edwin A. Foster et al., Individually and as Monroe County Legislators, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Herman J. Walz for appellants.

John D. Doyle for Lucien A. Morin and another, respondents.

Nicholas R. Santoro for Allen J. Polvino, respondent.

Chief Judge BREITEL and Judges JONES and WACHTLER concur with Judge GABRIELLI; Judge COOKE concurs in a concurring opinion; Judges JASEN and FUCHSBERG dissent and vote to reverse in separate dissenting opinions.

GABRIELLI, J.

The issue in this case is whether Local Law No. 1 of 1978 as passed by the Monroe County Legislature curtails any power of elective county officials thereby violating the provisions of the State Constitution and the Municipal Home Rule Law in that it fails to make provision for a permissive referendum.

Monroe County operates under a county manager form of government. The county charter,...

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