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Supreme Court, Erie County, February 9, 2005
APPEARANCES OF COUNSEL
Ralph H. Mohr, petitioner pro se, and for Laurence F. Adamczyk and others, petitioners. Richard C. Pawarski for Chester Pawarski, petitioner. Frederick A. Wolf, County Attorney (James
L. Tuppen of counsel), Harter, Secrest & Emery, LLP (Kenneth W. Africano and John G. Horn of counsel), and Magavern, Magavern & Grimm, LLP (James L. Magavern and Aven Rennie of counsel), for respondents.
OPINION OF THE COURT
John P. Lane, J.
The process for managing the Erie County budget for 2005 continues to be the subject of litigation between the elections commissioners and other county officials, all in their official capacities and as citizen-taxpayers against the County Executive, his budget director and personnel commissioner, the county legislature and the County of Erie. Previously, this court severed the claim made by the election commissioners that respondents have prevented them from filling established Board of Elections positions for which funding is available. The commissioners now return to this issue and ask this court to confirm their authority to fix the number, titles, rank and salaries of its employees within the total funds appropriated by the county legislature. They also seek an order directing the respondents to certify the payroll and compensate its employees.
[*2]Respondents seek dismissal of the amended petition. Broad public policy concerns and a clear reading of the applicable statutory law and New York State Constitution, article II,

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