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MATTER OF NEW YORK PUB. INTEREST RESEARCH GROUP v. GIULIANI

228 A.D.2d 276 (1996)

644 N.Y.S.2d 38

In the Matter of New York Public Interest Research Group et al., Respondents, v. Rudolf Giuliani, as Mayor of The City of New York, et al., Appellants

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

June 13, 1996

The authority of elected officials to appoint is a "power" within the meaning of Municipal Home Rule Law § 23 (2) (f) and New York City Charter § 38 (5), and therefore any law that would abolish, transfer or curtail such must be approved by referendum (see, Morin v Foster, 45 N.Y.2d 287, 295; Ferraro v Rettaliata, 165 A.D.2d 860, 861-862, lv denied 76 N.Y.2d 713)...

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