Opinion
October 14, 1997
Appeal from the Supreme Court, Suffolk County (Cannavo, J.),
Ordered that the order and judgment is affirmed, without costs or disbursements.
We agree with the appellants' claim that the proposed local law (see, Resolution No. 636-1997, adopting a "Charter Law Ensuring Truth and Honesty in LIPA/LILCO/BUG Transaction") is the proper subject of a referendum ( see, Municipal Home Rule Law § 23 [f]; § 34 [4]; Matter of New York Pub. Interest Research Group v. Giuliani, 228 A.D.2d 276; Brittain v. Village of Liverpool, 172 Misc.2d 201). The proposed local law purports to amend certain sections of the Suffolk County Charter by obligating County officials to take legal action in certain situations involving a proposed merger plan. However, the referendum question which the appellants seek to place on the ballot is misleading and does not indicate "in a clear and coherent manner * * * the subject matter" of the proposed local law (Election Law § 4-108).
In view of our decision, we need not reach the question of whether or not this is a purely advisory referendum.
Mangano, P.J., Sullivan, Friedmann, Florio and McGinity, JJ., concur.