La Polla v. De Salvatore

OPINION OF THE COURT

John R. Tenney, J.

Petitioner, Louis La Polla, was elected Mayor of Utica for a two-year term commencing January 1, 1984. During December, 1983, the losing Mayor made six appointments to various posts in city government. All the appointments were made to positions whose terms were to expire on December 31, 1983.

Petitioner brings this proceeding under CPLR article 78 seeking the removal of those individuals from office. This is not a proper proceeding under article 78 because the actual relief sought is a determination of who has the power to appoint the various officers.…