Burns v. Kinley

OPINION OF THE COURT

Subdivisions 1 and 2 of section 2-a of the General City Law are not unconstitutional in consequence of the provisions of section 3 of article XIII of the New York State Constitution. Accordingly, no vacancy in the offices of Mayor or President of the Common Council of the City of Albany requiring election before the fall of 1985 will exist by reason of the death of former Mayor Erastus Corning, 2nd.

Petitioner City Clerk of the City of Albany instituted this proceeding in the nature of mandamus to compel respondents, constituting the Albany County Board of Elections, (1) to…