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BUFFALO LIB. v. ERIE COUNTY

171 A.D.2d 369 (1991)

Buffalo and Erie County Public Library, Appellant-Respondent, v. County of Erie, Respondent-Appellant

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

November 15, 1991

Attorney(s) appearing for the Case

Kennedy, Stoeckel & Martin, P. C. (Patrick Martin of counsel), for appellant.

Patrick H. Nemoyer, County Attorney (Alan Gerstman of counsel), for respondent.

CALLAHAN, A. P. J., DENMAN, GREEN and DAVIS, JJ., concur.

BALIO, J.

The Buffalo and Erie County Public Library (Library) commenced this action against the County of Erie for a judgment declaring the powers and duties of the parties pertaining to the management and fiscal control of the Library. Following joinder of issue, the Library moved, and the County cross-moved, for summary judgment. Supreme Court essentially concluded that the Library was subject to the fiscal...

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