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John H. Mulroy, as County Executive and Chief Budget Officer of the County of Onondaga, Appellant-Respondent v. Hugh L. Carey, as Governor of the State of New York, and Richard A. Hennessy, Jr., as District Attorney of the County of Onondaga
Opinions in this case
- Majority
- Concurrence — Cooke
OPINION OF THE COURT
Memorandum.
Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice G. Robert Witmer at the Appellate Division (58 AD2d 207).
In affirming, no view is expressed whether in any or all circumstances the exercise of the executive power to supersede an elected District Attorney would be beyond judicial review or correction in a direct or collateral action or proceeding brought or defended by the county or the elected District Attorney involved.