IN RE MATTER OF COUNTY OF NASSAU v. NASSAU COUNTY INTERIM FIN. AUTH.

No. 001455-11, Motion Sequence No. 1., 2

2011 NY Slip Op 30607(U)

In the Matter of the Application of THE COUNTY OF NASSAU and EDWARD P. MANGANO, County Executive, Petitioners, For a Judgement Pursuant to Article 78 of the New York Civil Practice Law and Rules v. THE NASSAU COUNTY INTERIM FINANCE AUTHORITY, Respondent,

Supreme Court, Nassau County.

March 11, 2011.


Attorney(s) appearing for the Case

WILLIAM M. SAVINO ESQ. , RIVKIN RADLER , 926, RXR Plaza, Uniondale, New York 11556, Attorney for Petitioners.

JOHN CIAMPOLI ESQ. , One West Street, Mineola, New York 11501, Nassau County Attorney.

CHRISTOPHER J. GUNTHER, ESQ. , SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP., Four Times Square, New York, New York 10036,

JEREMY WISE, ESQ. , NASSAU COUNTY INTERIM FINANCE AUTHORITY, 170 Old Country Road, Suite 205, Mineola, New York 11501, Attorney for Respondent NIFA.


ARTHUR M. DIAMOND, Judge.

The petitioners, County of Nassau and Edward P. Mangano as County Executive ("County") commenced this action pursuant to Article 78 of the CPLR for a judgement annulling and vacating the respondent Nassau Interim Finance Agency's ("NIFA") Resolution No. 11 and Supporting Determination dated January 26, 2011 which imposed a control period on the County pursuant to Public Authorities Law § 3669(1).

The County also moved for an...

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