Durante v. Evans
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
At issue on this appeal is whether the power of appointment over the positions of counsel and deputy clerk in the offices of the county clerks of the counties within New York City is in the appropriate county clerk or in the Chief Administrative Judge of the Unified Court System. We *142hold that defendant Chief Administrative Judge has the exclusive power of appointment. Special Term’s judgment must be modified accordingly (116 Misc 2d 814).
The issue being purely one of law, involving interpretation of statutory and constitutional provisions, a lengthy recitation of…
2Cases cited10 opinions
- Matter of Hopper v. . BrittNew York Court of Appeals · 1911
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- Corkum v. BartlettNew York Court of Appeals · 1979
- People Ex Rel. Wogan v. . RaffertyNew York Court of Appeals · 1913
- Blyn v. BartlettNew York Court of Appeals · 1976
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3Cited by18 opinions
- Ashland Equities Co. v. ClerkAppellate Division of the Supreme Court of the State of New York · 1985
- National Westminster Bank, USA v. StateNew York Court of Appeals · 1990
- Durante v. EvansNew York Court of Appeals · 1984
- Met Council, Inc. v. CrossonNew York Court of Appeals · 1994
- Horowitz v. Incorporated Village of RoslynAppellate Division of the Supreme Court of the State of New York · 1988
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