Legal Opinion
Matter of Mooney v. Cohen
New York Court of Appeals
Decided October 6, 1936PublishedCited by 41 opinions
1Opinion of the Court
Crane, Ch. J.
That the Legislature may draft a charter or optional forms of government for cities and make their adoption dependent upon the vote of the city electorate has been determined in Cleveland v. City of Watertown (222 N. Y. 159).
That the Legislature could not heretofore submit to a city or the electorate of a city the framing of their own charter and its adoption by the vote of its citizens is and was due to the provisions of the Constitution which said: “ The legislative power of this State shall be vested in the Senate and Assembly.” (Art. Ill, § 1.)
It is because of this provision…
2Cases cited3 opinions
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Browne v. City of New YorkNew York Court of Appeals · 1925
- Cleveland v. . City of WatertownNew York Court of Appeals · 1917
3Cited by41 opinions
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- Levine v. WhalenNew York Court of Appeals · 1976
- Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
- Vives v. City of New YorkCourt of Appeals for the Second Circuit · 2008
- Martin v. State Liquor AuthorityNew York Supreme Court · 1964
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