Legal Opinion
Skelos v. Paterson
Appellate Division of the Supreme Court of the State of New York
Decided August 20, 2009PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The principal issue presented on this appeal concerns whether the Governor has the authority, acting entirely on his own, to select and appoint an otherwise qualified individual to fill a vacancy in the office of lieutenant governor.
In November 2006, David Paterson was elected Lieutenant Governor of the State of New York on a ticket with Eliot Spitzer, who was elected Governor. On March 17, 2008, Governor Spitzer resigned and, by operation of law, Lieutenant Governor Paterson became Governor for the remainder of Governor Spitzer’s term (see NY Const, art IVj § 5).…
3Cases cited24 opinions
- Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
- Coleman v. MillerSupreme Court of the United States · 1939
- Klostermann v. CuomoNew York Court of Appeals · 1984
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Doe v. AxelrodNew York Court of Appeals · 1988
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4Cited by5 opinions
- Representative Donald Turner, Jr. and Senator Joseph Benning v. Governor Peter ShumlinSupreme Court of Vermont · 2017
- Montano v. County Legislature of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
- Skelos v. PatersonNew York Court of Appeals · 2009
- Rivers v. YoungNew York Supreme Court · 2009
- Skelos v. PatersonNew York Court of Appeals · 2009