Opinion
Argued February 16, 1981
Decided March 26, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE J. ASPLAND, J.
David J. Gilmartin, County Attorney (Leonard J. Shore of counsel), for Suffolk County Legislature, appellant.
Richard C. Cahn for John L. Mara and others, appellants.
Benjamin Greshin, respondent pro se.
Order modified, without costs, for the reasons stated in the concurring in part and dissenting in part memorandum by Justice FRANK A. GULOTTA at the Appellate Division ( 77 A.D.2d 596-599), by declaring that petitioner Greshin's term of office as a member of the Suffolk County Vanderbilt Museum Commission expired on December 28, 1978 and that John L. Mara was duly appointed as a member of said commission to the term formerly occupied by petitioner Greshin and, as so modified, affirmed.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.