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BLASS v. CUOMO

145 Misc.2d 670 (1989)

Gregory Blass et al., Individually and as Suffolk County Legislators, Plaintiffs, v. Mario M. Cuomo, as Governor of the State of New York, et al., Defendants.

Supreme Court, Suffolk County.

November 1, 1989

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Carolyn A. Cairns of counsel), for Mario M. Cuomo, defendant. E. Thomas Boyle, County Attorney (Dewey Lee and Emily Pines of counsel), for William G. Holst, as Acting County Clerk, defendant. Bracken & Margolin (Martin Bradley Ashare of counsel), for plaintiffs.

WILLIAM E. UNDERWOOD, JR., J.

This case is one of first impression.

The central issue to this lawsuit is whether or not the Governor or the Suffolk County Executive with the approval of the County Legislature has the authority to appoint a person to fill the vacancy in the Office of the Suffolk County Clerk. Specifically, does County Law § 400 (7) give the Governor the authority or does Suffolk...

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