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  5. 158 A.D.2d 169 (1990)
 

CITY OF NY v. STATE OF NY

158 A.D.2d 169 (1990)

City of New York et al., Appellants, v. State of New York, Respondent

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

June 28, 1990

Attorney(s) appearing for the Case

Joel Berger and Ronald P. Younkins of counsel (Peter Lehner with them on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellants.

Dennis J. Saffran of counsel (Harvey Golubock with him on the brief; Robert Abrams, Attorney-General, attorney), for respondent.

Robert T. Perry of counsel (Richard M. Weinberg, attorney), for members of Council of City of New York, amici curiae.

Raymond A. Fasano for Assemblyman Robert A. Straniere, amicus curiae.

SULLIVAN, J. P., and CARRO, J., concur with WALLACH, J.; MILONAS and ASCH, JJ., concur in an opinion by MILONAS, J.

WALLACH, J.

The action seeks a declaration as to the constitutionality of Laws of 1989 (ch 773), as amended by Laws of 1990 (ch 17) (herein chapter 773), a special law setting forth a process by which the Borough of Staten Island may be separated from the City of New York and established as a new City of Staten Island. Chapter 773 first provides for a referendum in which only Staten Islanders would vote on whether...

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