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BLASS v. CUOMO

168 A.D.2d 54 (1991)

Gregory Blass et al., Respondents, v. Mario M. Cuomo, as Governor of The State of New York, et al., Appellants

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

May 28, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff and Lawrence L. Doolittle of counsel), for Mario M. Cuomo, appellant.

E. Thomas Boyle, County Attorney (Emily Pines of counsel), for William G. Holst, appellant.

Martin Bradley Ashare for respondents.

THOMPSON, J. P., BROWN, KUNZEMAN and BALLETTA, JJ., concur.

Per Curiam.

The issue to be resolved on this appeal is whether the power to fill a vacancy for the office of County Clerk of the County of Suffolk rests with the Governor, by virtue of County Law § 400 (7), or the Suffolk County Executive with the approval of the County Legislature, by virtue of Suffolk County Charter § C18-3. The Supreme Court (145 Misc.2d 670) determined...

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