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MTR OF MONAHAN v. MURPHY

71 A.D.2d 92 (1979)

In the Matter of Thomas M. Monahan et al., Appellants, v. William J. Murphy et al., Respondents

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

November 29, 1979

Attorney(s) appearing for the Case

Connolly & Mirch (John E. Mirch of counsel), for Thomas M. Monahan, appellant.

Lee, Le Forestier, Malone, Smith & Hanft, P. C. (Richard A. Hanft of counsel), for Joseph G. Manupella, appellant.

Marvin I. Honig, County Attorney, for respondents.

GREENBLOTT, SWEENEY, KANE and STALEY, JR., JJ., concur.

MAHONEY, P. J.

A brief outline of the governmental structure of Rensselaer County is necessary for comprehension of the posited issue and its resolution.

Rensselaer County adopted a charter form of government in November of 1972 (Local Laws, 1972, No. 2 of County of Rensselaer). Section 2.01 of that law provides for a county legislature which "shall be the governing and policy making body of the county...

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