Legal Opinion
Gallagher v. Regan
New York Court of Appeals
Decided July 5, 1977PublishedCited by 37 opinions
1Opinion of the CourtJones, J.
We hold that positions in Erie County government established by the County Charter and the Administrative Code cannot be abolished by the County Legislature by striking salary appropriations for such positions from the budget submitted by the County Executive.
As members of the Erie County Legislature and as citizen-taxpayers, petitioners initiated this litigation by submission to the Appellate Division of a controversy on an agreed statement of facts under CPLR 3222, presenting several questions relating to various items involved in the 1977 Erie County budget. Those questions were resolved…
2Cases cited5 opinions
- Collins v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1939
- Matter of Moran v. La GuardiaNew York Court of Appeals · 1936
- Timpano v. HannaNew York Supreme Court · 1974
- Matter of O'Rourke v. GraulNew York Court of Appeals · 1941
- O'Rourke v. GraulAppellate Division of the Supreme Court of the State of New York · 1941
3Cited by37 opinions
- Torre v. County of NassauNew York Court of Appeals · 1995
- New York Public Interest Research Group v. DinkinsNew York Court of Appeals · 1994
- Baldwin Union Free School District v. County of NassauNew York Court of Appeals · 2014
- Council of New York v. GiulianiNew York Court of Appeals · 1999
- MATTER OF HENRY v. NotoNew York Court of Appeals · 1980
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