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MATTER OF COYNE v. STACK

63 A.D.2d 782 (1978)

In the Matter of James J. Coyne, Jr., as Albany County Executive, Petitioner, v. Edward T. Stack, as Albany County Comptroller, et al., Respondents

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

May 11, 1978

Petitioner sought judgment prohibiting respondent Stack, Comptroller of Albany, from effecting a budget transfer within the Sewer District Fund. On May 19, 1977, the Albany County Legislature passed a resolution transferring $4,500 within the Sewer District Fund to provide for the employment of temporary help. Petitioner contends that the resolution is in violation of section 609 of the Albany County Charter which states: "The county executive may at any time during the fiscal...

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