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MATTER OF HOERGER v. SPOTA

No. 237.

21 N.Y.3d 549 (2013)

997 N.E.2d 1229

975 N.Y.S.2d 377

2013 NY Slip Op 5708

In the Matter of MAUREEN S. HOERGER et al., Appellants, v. THOMAS J. SPOTA III, Respondent, et al., Respondent.

Court of Appeals of New York.

Decided August 22, 2013.

Attorney(s) appearing for the Case

Martin E. Connor , Brooklyn, for appellants.

Harris Beach PLLC, Uniondale ( Thomas J. Garry of counsel), and Kevin G. Snover , North Babylon, for respondent.

Kathleen M. Rice , District Attorney, Kew Gardens ( John M. Ryan and Edward D. Saslaw of counsel), Steven A. Bender , White Plains, Itamar J. Yeger , Brooklyn, and Morrie I. Kleinbart , Staten Island, for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur; Judge SMITH dissents in an opinion.

OPINION OF THE COURT

Per Curiam.

At issue in this appeal is the validity of Suffolk County's term limit law pertaining to the office of district attorney. Petitioners allege that, as a consequence of such local law, respondent District Attorney Thomas J. Spota III is ineligible to hold the office he seeks. We conclude that the County is without the power to regulate the number of terms the district attorney may serve, and therefore we affirm the order finding...

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