Gimbrone v. Stevenson

Kehoe and Gorski, JJ. (dissenting in part).

We respectfully dissent in part because, in our view, Supreme Court erred in granting the petition and reinstating petitioner to her appointment to the position of clerk. We agree with the majority, however, that the court properly dismissed the petition against respondent Sue A. Fries, Commissioner of Elections, but for a different reason. Pursuant to Election Law § 3-212 (2), “[a]ll actions of the board [of elections] shall require a majority vote of the commissioners prescribed by law for such board.” Here, there are only two commissioners, and…