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MATTER OF PROSPECT v. COHALAN

109 A.D.2d 210 (1985)

In the Matter of Wayne Prospect et al., Respondents, v. Peter F. Cohalan, as County Executive of The County of Suffolk, Appellant, and Long Island Lighting Company, Intervenor-Respondent In the Matter of The Town of Southampton et al., Respondents, v. Peter F. Cohalan, as County Executive of The County of Suffolk, Appellant, and Long Island Lighting Company, Intervenor-Respondent

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

June 24, 1985

Attorney(s) appearing for the Case

Reisman, Peirez, Reisman & Calica (Robert M. Calica and Thomas P. Schulz of counsel), for appellant.

Twomey, Latham & Shea (Stephen B. Latham, John F. Shea, III, and Lawrence M. Storm of counsel), for respondent towns, and Reilly, Like & Schneider, and Lester B. Lipkind for respondent legislators. (One brief filed.)

Rosalind M. Gordon and Anthony F. Earley, Jr. (Hunton & Williams [David R. Marshall, W. Taylor Reveley, III, K. Dennis Sisk and Kathy E. B. McCleskey] of counsel), for Long Island Lighting Company, intervenor-respondent.

Robert Abrams, Attorney-General (Peter Bienstock, Alfred L. Nardelli and Mary M. Gundrum of counsel), and Fabian Palomino for State of New York, amicus curiae. (One brief filed.)

MOLLEN, P. J., MANGANO, BROWN, WEINSTEIN and RUBIN, JJ., concur.

Per Curiam.

The issue presented on this appeal involves the validity of Executive Order 1-1985 issued on May 30, 1985, by appellant Peter F. Cohalan, the County Executive of Suffolk County, purportedly pursuant to the provisions of Executive Law article 2-B and Suffolk County Charter § 302. The executive order directed the Commissioners of the Police and Planning Departments of Suffolk County to utilize whatever resources...

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