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MONTANO v. COUNTY LEGISLATURE

70 A.D.3d 203 (2009)

891 N.Y.S.2d 82

In the Matter of RICARDO MONTANO, Respondent, v. COUNTY LEGISLATURE OF COUNTY OF SUFFOLK et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 17, 2009.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson & Peddy, P.C., Garden City (Andrew M. Roth and Joseph E. Macy of counsel), for appellants.

Ferruggia & Calisto, LLP, Hauppauge (Edward A. Calisto of counsel), Collado, Collado & Fiore, PLLC, Brentwood and Serge Martinez, Hempstead, for respondent (one brief filed).

MASTRO, J.P., BELEN and CHAMBERS, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

In 2008 a committee of the respondent/defendant County Legislature of the County of Suffolk (hereinafter the County Legislature) voted to deny a legislative point of order challenging the discharge of a resolution to a vote by the full County Legislature, and subsequently discharged the resolution to the full County Legislature. The respondent/defendant William Lindsay, in his capacity as Presiding Officer of the County...

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