Legal Opinion
Carey v. Oswego County Legislature
Appellate Division of the Supreme Court of the State of New York
Decided January 6, 1983PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
The Governor commenced the underlying declaratory judgment action to compel a declaration that he has the *63exclusive right to appoint an interim District Attorney to the vacancy existing in that office in Oswego County by the resignation of the incumbent on April 28, 1982. In opposition, defendant claims that a grant of such authority to plaintiff would violate the home rule provisions of article IX of the State Constitution by rendering ineffective a duly enacted local law vesting the power of appointment in the county legislature. After issue was joined, both…
2Cases cited5 opinions
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
- Kelley v. McGeeNew York Court of Appeals · 1982
- Uniformed Firefighters Ass'n v. City of New YorkNew York Court of Appeals · 1980
- Nydick v. Suffolk County LegislatureAppellate Division of the Supreme Court of the State of New York · 1975
- Nydick v. Suffolk County LegislatureNew York Supreme Court · 1975
3Cited by15 opinions
- Baez v. HennessyCourt of Appeals for the Second Circuit · 1988
- Baranello v. Suffolk County LegislatureAppellate Division of the Supreme Court of the State of New York · 1987
- Hoerger v. SpotaNew York Court of Appeals · 2013
- Hoerger v. SpotaAppellate Division of the Supreme Court of the State of New York · 2013
- Wood v. County of CortlandNew York Supreme Court · 2009
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