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ORANGE COUNTY v. DIANA

2013/380.

40 Misc.3d 278 (2013)

968 N.Y.S.2d 319

2013 NY Slip Op 23084

ORANGE COUNTY LEGISLATURE, Petitioner, v. EDWARD A. DIANA, as County Executive of Orange, et al., Respondents.

Supreme Court, Orange County.

March 21, 2013.

Attorney(s) appearing for the Case

Bank, Sheer, Seymour & Hashmall, White Plains ( Jay Hashmall of counsel), for petitioner. David L. Darwin , County Attorney, Goshen, for respondents.

OPINION OF THE COURT

ROBERT A. ONOFRY, J.

This petition, filed by petitioner Orange County Legislature, pursuant to article 78 of the CPLR, seeks a judgment: (1) declaring respondent County Executive's unilateral action in declaring the 2013 operating budget adopted by petitioner Orange County Legislature on December 12, 2012, as null and void, in excess of the County Executive's authority and jurisdiction, and otherwise arbitrary, capricious and an abuse...

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