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POILLUCCI v. PATTISON

95 A.D.2d 288 (1983)

Joseph V. Poillucci, as Chairman of The Dutchess County Legislature, et al., Plaintiffs, v. Lucille P. Pattison, as Dutchess County Executive, Defendant

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

August 29, 1983

Attorney(s) appearing for the Case

Benson & Cappillino (Michael W. Kirshon and James D. Benson of counsel), for plaintiffs.

Stephen J. Wing, County Attorney, for defendant.

MANGANO, THOMPSON and GULOTTA, JJ., concur.

LAZER, J. P.

This is an action brought on a submission of an agreed statement of facts pursuant to CPLR 3222 for a declaratory judgment as to whether it is necessary for the Dutchess County Legislature to adopt a salary resolution before positions included in the annual adopted budget of the county are deemed to be lawfully established and the County Comptroller is authorized to pay salaries to the persons occupying those positions.

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