Legal Opinion

Brucia v. County of Suffolk

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 1982PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to compel the respondents to remove from the ballot for the November 2, 1982 general election an advisory referendum regarding the deployment of nuclear weapons, petitioners appeal from a judgment of the Supreme Court, Suffolk County (Copertino, J.), dated October 28,1982, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. It is clear that absent express statutory authority, an advisory referendum by a municipality is not authorized (Matter of Citizens for Orderly Energy Policy v County of Suffolk, 90 AD2d 522).…

2Cases cited3 opinions

  1. Kupperman v. KatzAppellate Division of the Supreme Court of the State of New York · 1963
  2. Kupferman v. KatzNew York Court of Appeals · 1963
  3. Citizens for an Orderly Energy Policy (COEP) v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by2 opinions

  1. Matter of Woodburn v. Village of OwegoAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Rochester City Sch. Dist. v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2019

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