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  5. 62 N.Y.2d 781 (1984)
 

MATTER OF SLOMINSKI v. RUTKOWSKI

62 N.Y.2d 781 (1984)

In the Matter of Alfreda W. Slominski, as Comptroller of the County of Erie, Appellant-Respondent, v. Edward J. Rutkowski, as County Executive of Erie County, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided May 17, 1984.

Attorney(s) appearing for the Case

Gerald Bouvier and Dennis J. Ciotuszynski for appellant-respondent.

Eugene F. Pigott, Jr., County Attorney (Roger D. Avent, J. R. Drexelius, Jr., Justyn E. Miller and Alan P. Gerstman of counsel), for respondents-appellants.

Chief Judge COOKE and Judges JONES, WACHTLER, SIMONS and KAYE concur; Judge MEYER dissents and votes to modify in accordance with his dissenting opinion in which Judge JASEN concurs.

MEMORANDUM.

In this proceeding, converted by the Appellate Division to an action for a declaratory judgment, the order of that court should be modified, without costs, to declare valid subdivision e of section 3.09 of the Erie County Administrative Code (Lanza v Wagner, 11 N.Y.2d 317, 334) and, as so modified, affirmed for reasons stated...

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