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RUDDER v. PATAKI

246 A.D.2d 183 (1998)

675 N.Y.S.2d 653

Cynthia Rudder et al., Appellants, v. George E. Pataki, as Governor of The State of New York, et al., Respondents

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

July 2, 1998

Attorney(s) appearing for the Case

Schulte, Roth & Zabel, New York City (David M. Brodsky of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (Robert M. Goldfarb of counsel), for respondents.

CARDONA, P. J., and CREW III, J., concur with WHITE, J.; MERCURE, J., dissents in a separate opinion in which SPAIN, J., concurs.

WHITE, J.

On November 30, 1995, one month prior to the scheduled sunset of the regulatory review agency formerly known as the Office of Regulatory and Management Assistance, defendant Governor issued Executive Order No. 20 (9 NYCRR 5.20 [hereinafter the executive order]) which established the position of Director of Regulatory Reform (hereinafter the Director) with the authority to oversee the review of proposed...

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