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MARINO v. WEPRIN

192 A.D.2d 174 (1993)

Ralph J. Marino, as Majority Leader and Temporary President of The New York State Senate, et al., Appellants, v. Saul Weprin, as Speaker of The New York State Assembly, et al., Respondents

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

July 8, 1993

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Conolly, Albany (Michael J. Hutter, Dale M. Thuillez and H. Neal Conolly of counsel), for appellants.

Robert Abrams, Attorney-General, Albany (Peter G. Crary of counsel), for respondents.

WEISS, P. J., MERCURE and CASEY, JJ., concur.

MAHONEY, J.

In this appeal, we are asked to review the legality of H. Carl McCall's recent appointment to the post of State Comptroller; more specifically, whether the joint legislative session at which he was selected was convened in accord with the requirements of Public Officers Law § 41. The salient facts and applicable constitutional principles underlying the controversy are undisputed. While the State...

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