Legal Opinion

Blass v. Cuomo

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1991PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The issue to be resolved on this appeal is whether the power to fill a vacancy for the office of County Clerk of the County of Suffolk rests with the Governor, by virtue of County Law § 400 (7), or the Suffolk County Executive with the approval of the County Legislature, by virtue of Suffolk County Charter § C18-3. The Supreme Court (145 Misc 2d 670) determined that the Governor was not so empowered. We disagree and, for the reasons which follow, reverse the order and judgment under review.

By way of pertinent factual background, Juliette Kinsella was duly elected Suffolk…

3Cases cited11 opinions

  1. Kelley v. McGeeNew York Court of Appeals · 1982
  2. Durante v. EvansAppellate Division of the Supreme Court of the State of New York · 1983
  3. Nydick v. Suffolk County LegislatureAppellate Division of the Supreme Court of the State of New York · 1975
  4. Nydick v. Suffolk County LegislatureNew York Supreme Court · 1975
  5. Carey v. Oswego County LegislatureAppellate Division of the Supreme Court of the State of New York · 1983

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4Cited by3 opinions

  1. Wood v. County of CortlandNew York Supreme Court · 2009
  2. McMahon v. Oswego County Board of ElectionsNew York Supreme Court · 2012
  3. Opn. No., New York Attorney General Reports2011

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