Legal Opinion
Resnick v. County of Ulster
New York Court of Appeals
Decided May 2, 1978PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
Each of these two cases requires us to decide whether county legislatures in noncharter counties may, in carrying out their home rule functions, enact local laws providing that a vacancy in the office of county legislator occurring other than by expiration of its term is to be filled by the remaining membership of the body. In each case the local law is attacked on the ground that it is incompatible with the State Constitution and with various State statutes; in each it is asserted that the power to appoint interim county legislators rests with the Governor.…
2Cases cited20 opinions
- Adler v. DeeganNew York Court of Appeals · 1929
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
- Gannett Co. v. De PasqualeNew York Court of Appeals · 1977
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3Cited by4 opinions
- Mutual Reserve Fund Life Ass'n v. Cleveland Woolen MillsCourt of Appeals for the Sixth Circuit · 1897
- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
- Dilleber v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1879
- Tait v. New York Life Ins.U.S. Circuit Court for the District of Western Tennessee · 1873