Legal Opinion
Schlobohm v. Municipal Housing Authority
New York Supreme Court
Decided February 23, 1946PublishedCited by 3 opinions
1Opinion of the CourtSchmidt, J.
The petitioners above named have brought a mandamus proceeding to compel the Housing Authority for the City of Yonkers to recognize and seat them as members. They were appointed by the then City Manager on December 31,1945. Thereafter the Mayor appointed two other persons as members of the authority.
Two questions are before the court. (1) Is mandamus or quo warranta the proper proceeding! (2) Is the city manager or the mayor entitled to make appointments to the Housing Authority?
As to the first question, mandamus is the proper proceeding if there is a vacancy in office. Quo warranta is the…
2Cases cited8 opinions
- Adler v. DeeganNew York Court of Appeals · 1929
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Browne v. City of New YorkNew York Court of Appeals · 1925
- People Ex Rel. Manice v. . PowellNew York Court of Appeals · 1911
- Matter of GardnerNew York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Fort Smith v. Housing Authority of Fort SmithSupreme Court of Arkansas · 1974
- City of Utica v. Mercon, Inc.New York Supreme Court · 1972
- Sonmax, Inc. v. City of New YorkNew York Supreme Court · 1977