Dekdebrun v. Hardt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Moule, J.
Defendants contend on this appeal that Special Term erred in denying their motion to dismiss plaintiff’s petition. Although this action was commenced as an article 78 proceeding, it was treated by Special Term and the parties as one for declaratory judgment.
On January 2, 1979 Governor Hugh L. Carey appointed Allen E. Dekdebrun as chairman of the Niagara Frontier Transportation Authority (NFTA). The New York State Senate rejected this appointment on the ground that there was no *243vacancy in the NFTA chairmanship because the position was occupied by defendant Chester…
2Cases cited9 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Collins v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1939
- Anderson v. KrupsakNew York Court of Appeals · 1976
- Matter of Sullivan v. TaylorNew York Court of Appeals · 1939
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3Cited by7 opinions
- MTR. OF DELGADO v. SunderlandNew York Court of Appeals · 2002
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
- Morris v. CahillAppellate Division of the Supreme Court of the State of New York · 1983
- Ellis v. EatonAppellate Division of the Supreme Court of the State of New York · 1988
- Skelos v. PatersonAppellate Division of the Supreme Court of the State of New York · 2009
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