Radich v. Council of the City of Lackawanna
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
The central issue on this appeal is whether succession to the office of Mayor of the City of Lackawanna in the event, of a vacancy is governed by section 2-a of the General City Law or by section 4.2 of the Charter of the City of Lackawanna. While the State law provides that the president of the city council is to succeed to the office, the city charter, under the circumstances here, empowers the council to appoint a successor.
The underlying facts are not complicated. In the general election held in November, 1979 Edward J. Kuwik was elected Mayor and petitioner…
2Cases cited11 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Adler v. DeeganNew York Court of Appeals · 1929
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
- Kelley v. McGeeNew York Court of Appeals · 1982
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3Cited by25 opinions
- Amerogen v. DonniniNew York Court of Appeals · 1991
- City of New York v. Patrolmen's Benevolent Ass'n of City of New York, Inc.New York Court of Appeals · 1996
- Krukowski v. SteffensenAppellate Division of the Supreme Court of the State of New York · 1993
- Settlement Home Care, Inc. v. Industrial Board of Appeals of the Department of LaborAppellate Division of the Supreme Court of the State of New York · 1989
- Greenman v. PageAppellate Division of the Supreme Court of the State of New York · 2004
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