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MATTER OF CRUZ v. DEIERLEIN

84 N.Y.2d 890 (1994)

644 N.E.2d 1347

620 N.Y.S.2d 791

In the Matter of Sobeida Cruz, as Chairperson of the Charter Revision Commission of the City of Yonkers, et al., Appellants, v. Joan C. Deierlein, as City Clerk of the City of Yonkers, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1994.

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P. C., New York City (Steven Barshov of counsel), for Sobeida Cruz and another, appellants.

Hashmall, Sheer, Bank & Geist, White Plains (Jay B. Hashmall of counsel), for Joan C. Deierlein, respondent.

Christina Lomolino, Corporation Counsel of the City of Yonkers, for City of Yonkers, respondent.

Robert Flower, Yonkers, and John M. Murtagh, Jr., for New York Renaissance, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the judgment and order of Supreme Court, Westchester County reinstated.

The Appellate Division concluded that the report of the Charter Revision Commission of the City of Yonkers failed to comply with the requirements of Municipal Home Rule Law § 36 (5) (a). This conclusion is erroneous. The seven-page single-spaced report...

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