In re County of Suffolk

New York Court of Appeals

In re County of Suffolk

41 N.Y. 968

Procedural entryThis page is a short order in In re County of Suffolk. Read the opinion of the Court — 37 N.Y.2d 649 →

New York Court of Appeals·Decided March 31, 1977·Published

Opinion

Judgment, insofar as appealed from, reversed, without costs, on thé dissenting opinion by Mr. Justice Vito J. Titone at the Appellate Division, and judgment granted in favor of appellants declaring that subdivision (a) of section 223 of the Suffolk County Charter does not require the submission of a resolution appointing a Police Commissioner to the County Executive for his approval or disapproval.

Concur: Chief Judge Breitel and Judges Jasen, Jones and Fuchsberg. Judges Gabrielli, Wachtler and Cooke dissent and vote to affirm on the opinion by Presiding Justice Frank A. Gulotta at the Appellate Division.

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Judgment, insofar as appealed from, reversed, without costs, on thé dissenting opinion by Mr. Justice Vito J. Titone at the Appellate Division, and judgment granted in favor of appellants declaring that subdivision (a) of section 223 of the Suffolk County Charter does not require the submission of a resolution appointing a Police Commissioner to the County Executive for his approval or disapproval.

Concur: Chief Judge Breitel and Judges Jasen, Jones and Fuchsberg. Judges Gabrielli, Wachtler and Cooke dissent and vote to affirm on the opinion by Presiding Justice Frank A. Gulotta at the Appellate Division.

In re County of Suffolk, 41 N.Y. 968 (N.Y. 1977).

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