Legal Opinion
In re Heafy
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1936PublishedCited by 5 opinions
1Opinion of the CourtCarswell, J.
May the president of the common council of Yonkers vote on the appointment of a city clerk? May the question be decided in this proceeding?
On January 2, 1934, McCabe was appointed clerk by the common council for a term of two years. In November, 1935, a new council of twelve aldermen was elected. Each of the two major parties had six. One Cotter was elected at large as president of the common council.
The council convened January 2, 1936, Cotter presiding. Over parliamentary objections, Cotter cast the deciding vote on the adoption of the following resolution:
“ Resolved by the Common Council…
2Cases cited11 opinions
- Matter of ObergfellNew York Court of Appeals · 1924
- Melody v. GoodrichNew York Court of Appeals · 1902
- Matter of BradleyNew York Court of Appeals · 1894
- Hill v. RectorSupreme Court of Arkansas · 1923
- People Ex Rel. Argus Co. v. . BreslerNew York Court of Appeals · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Beasley v. City of East ClevelandOhio Court of Appeals · 1984
- Cromarty v. LeonardAppellate Division of the Supreme Court of the State of New York · 1961
- Cromarty v. LeonardNew York Supreme Court · 1961
- Dixon v. LaguardiaNew York Supreme Court · 1938
- Martinelli v. City Clerk of YonkersNew York Supreme Court · 1963