Donnelly v. Shea

The issue here is this: Assuming the Mayor has the power to veto an ordinance or resolution of the Common Council which reduces the annual estimate, in a case where the council has acted within the time limit of 30 days, can the Mayor’s veto, which postpones action to beyond 30 days, result in an absolute duty on the council to adopt the estimate as first proposed?

The Cohoes Charter language has been copied verbatim from the Second Class Cities Law and from its predecessor statutes. Its language has many exact counterparts in other cities of the State; the decision now being made necessarily…