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MATTER OF PROSPECT v. COHALAN

65 N.Y.2d 867 (1985)

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

Court of Appeals of the State of New York.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Robert M. Calica and Thomas P. Schulz for appellant.

K. Dennis Sisk, W. Taylor Reveley, III, Kathy E. B. McCleskey, David R. Marshall, Rosalind M. Gordon and Anthony F. Earley, Jr., for intervenor-appellant.

Irving Like and Lester B. Lipkind for Wayne Prospect and others, respondents.

Stephen B. Latham, John F. Shea, III, and Lawrence M. Storm for Town of Southampton and others, respondents.

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

Lou Lewis for Shoreham-Wading River Central School District, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER concur; Judge TITONE dissents and votes to reverse in an opinion in which Judges JASEN and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Article 2-B of the Executive Law, notwithstanding its articulated policy of involving local chief executives in the development and implementation of disaster preparedness programs (Executive Law § 20 [1] [b]), does not vest in them the ultimate responsibility for the preparation of county disaster plans.

Section 23 (1...

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