Legal Opinion

Phelan v. City of Buffalo

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1976PublishedCited by 22 opinions

1Opinion of the CourtDillon, J.

Plaintiff Phelan became a resident of the City of Buffalo in June, 1974 and was lawfully a candidate for the city-wide office of President of the Common Council in the November, 1974 election. He was defeated. Local Law No. 1 (1975) of the City of Buffalo, effective January 7, 1975, provides, inter alia, that: "No person shall be eligible for election or appointment as a successor to the office of mayor, comptroller, president of the council or councilman-at-large who has not been a domiciled resident of the city for a period of at least two (2) years preceding the date of his election or…

2Cases cited36 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Reynolds v. SimsSupreme Court of the United States · 1964
  4. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  5. McGowan v. MarylandSupreme Court of the United States · 1961

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3Cited by22 opinions

  1. White v. ManchinWest Virginia Supreme Court · 1984
  2. Gross v. HendersonAppellate Division of the Supreme Court of the State of New York · 1981
  3. Kenyon v. Security Insurance Co. of HartfordNew York Supreme Court · 1993
  4. Dekdebrun v. HardtAppellate Division of the Supreme Court of the State of New York · 1979
  5. Suffolk Housing Services v. Town of BrookhavenNew York Supreme Court · 1977

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