Legal Opinion
Wilson v. Allegany County
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 9 opinions
1Opinion of the Court
— Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Under the facts and circumstances of this case, petitioners had implied authority to hire outside legal counsel and Supreme Court abused its discretion in denying petitioners’ application for reasonable attorney’s fees (see, Cahn v Town of Huntington, 29 NY2d 451). Petitioners, as Commissioners of the Allegany County Board of Elections, are members of a municipal board or officers (NY Const, art II, § 8)…
2Cases cited3 opinions
- Cahn v. Town of HuntingtonNew York Court of Appeals · 1972
- Slominski v. RutkowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Slominski v. RutkowskiNew York Court of Appeals · 1984
3Cited by9 opinions
- South Portland Civil Service Commission v. City of South PortlandSupreme Judicial Court of Maine · 1995
- Board of Elections v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 1994
- Gimbrone v. StevensonAppellate Division of the Supreme Court of the State of New York · 2004
- Hill v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 2005
- Mohr v. GiambraNew York Supreme Court · 2005
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