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  5. 49 N.Y.2d 690 (1980)
 

GOLDEN v. KOCH

49 N.Y.2d 690 (1980)

Howard Golden et al., Appellants, v. Edward I. Koch, Individually and as Mayor of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1980.

Attorney(s) appearing for the Case

Harold L. Fisher, Maurice Sieradzki, Richard G. Finkelstein and Bethlyn Bates for appellants.

Allen G. Schwartz, Corporation Counsel (Jeffrey D. Friedlander, James G. Greilsheimer, Daniel Muller and Paul T. Rephen of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur with Judge JASEN; Judge MEYER dissents and votes to reverse in a memorandum in which Judge GABRIELLI concurs.

JASEN, J.

The question presented for our determination on this appeal is whether the Mayor of the City of New York may vote as a member of the Board of Estimate of the City of New York when that body considers budget modifications made by the Mayor pursuant to subdivision b of section 124 of the New York City Charter.

In this declaratory judgment action, plaintiffs...

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