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MATTER OF HENRY v. NOTO

50 N.Y.2d 816 (1980)

In the Matter of Patrick Henry, as District Attorney of the County of Suffolk, et al., Respondents, v. Anthony Noto, as Presiding Officer of the Suffolk County Legislature, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 29, 1980.

Attorney(s) appearing for the Case

David J. Gilmartin, County Attorney (Anton J. Borovina of counsel), for appellants.

Frederick Eisenbud and Vincent A. Malito for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum and, as so modified, affirmed.

The Suffolk County District Attorney, Patrick Henry, and two senior assistants, Newell and McVann, challenge certain action taken by the Suffolk County Legislature. Henry challenges Resolution No. 1070-1970 ("1070"), which empowers the county executive and presiding officer...

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