Summary
In Del Bello, the Court of Appeals held that the home rule provisions of section 1 of article IX of the New York State Constitution allow a local government to abolish the office of Sheriff before the expiration of the three-year term established by section 13 of article XIII of the Constitution if undertaken in good faith for the purpose of a governmental restructuring.
Summary of this case from Matter of Harvey v. FinnickOpinion
Argued June 6, 1979
Decided June 14, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE BEISHEIM, JR., J.
Samuel S. Yasgur, County Attorney (Jonathan Lovett, Kenneth E. Powell and Lester D. Steinman of counsel), for appellants.
James M. Rose, Arthur H. Grae and Natasha H. Rose for Westchester County Civil Service Employees Association, Inc., and another, respondents.
B. Anthony Morosco for Thomas Spasiano and others, respondents.
Order reversed, without costs; in the proceeding the petition is dismissed and in the actions judgment is granted in favor of defendants declaring that Local Law No. 11 is valid and constitutional and may go into effect on July 1, 1979, for the reasons stated in the dissenting opinion by Mr. Justice FRANK D. O'CONNOR at the Appellate Division. Oral application for leave to file a sur reply brief denied.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.