In a proceeding, inter alia, pursuant to Election Law article 16 to invalidate Suffolk County Legislative Resolution No. 621-2013 and IR No. 1567-2013, proposed in connection with the general election to be held on November 5, 2013, Timothy Laube, Clerk of the Suffolk County Legislature, the County of Suffolk, and the County Legislature of the County of Suffolk, appeal from stated portions of a final order of the Supreme Court, Suffolk County (Mackenzie, J.), dated September 23, 2013, which, inter alia, in effect, granted the petition and invalidated Suffolk County Legislative Resolution No. 621-2013 and IR No. 1567-2013.
Ordered that the final order is affirmed insofar as appealed from, without costs or disbursements.
The appellants correctly contend that Suffolk County Legislative Resolution No. 621-2013 and IR No. 1567-2013 (hereinafter together the proposed local law) were passed in conformity with Municipal Home Rule Law § 20 (4), as they were “upon the desks or table of the members at least seven calendar days, exclusive of Sunday, prior to . . . final passage.” Nevertheless, the Supreme Court correctly determined that an amendment made to the proposed local law prior to the requisite public hearing impermissibly “deviate[d] from the copy being amended as to subject matter, purpose, and intent” (Suffolk County Legislative Rule 6 [F] [1]). The original Form of Proposition (hereinafter the form) to be placed on the ballot stated as follows: “Shall Resolution No. -2013, Adopting a Charter Law Abolishing the Now Existing Offices of County Treasurer and County Comptroller, The Current Departments of Finance and Taxation and Audit and Control, and Merging Their Functions Into a Single, Newly Created Department of Audit and Financial Management Headed by an Elected Chief Financial Officer Elected From the General Population For the Purposes of Improving Government Efficiency and Saving More than $1 Million Annually, Be Approved?” (emphasis added). Prior to the public hearing, the form was amended to state as follows: “Shall Resolution No. -2013, Adopting a Charter Law Consolidating the Functions of the Current Departments of Finance and Taxation and Audit and Control Into a Single, Newly Created Department of Audit and Financial Management Headed by An Elected Chief Financial Officer Elected From the General
The appellants’ remaining contentions are without merit. Dillon, J.P, Dickerson, Cohen and Hinds-Radix, JJ., concur.