Legal Opinion

Skelos v. Paterson

New York Court of Appeals

Decided September 22, 2009PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The issue on this appeal is whether the Governor of the State of New York has the authority to fill a vacancy in the office of Lieutenant Governor by appointment. We now hold that he does.

I

In November 2006, Eliot Spitzer and David Paterson were elected respectively to the offices of Governor and Lieutenant Governor. On March 17, 2008, Governor Spitzer resigned and, pursuant to article IV, § 5 of the New York Constitution, Lieutenant Governor Paterson became Governor. Fifteen months later, Republicans and Democrats split 31-31 in the Senate. Because each…

2Cases cited12 opinions

  1. Doe v. AxelrodNew York Court of Appeals · 1988
  2. MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
  3. Silver v. PatakiNew York Court of Appeals · 2001
  4. Roher v. DinkinsNew York Court of Appeals · 1973
  5. New York State Ass'n of Criminal Defense Lawyers v. KayeNew York Court of Appeals · 2001

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Representative Donald Turner, Jr. and Senator Joseph Benning v. Governor Peter ShumlinSupreme Court of Vermont · 2017
  2. Montano v. County Legislature of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
  3. Rossito-Canty v. CuomoDistrict Court, E.D. New York · 2015
  4. Giunta v. AvenaNew York Supreme Court · 2016
  5. Rivers v. YoungNew York Supreme Court · 2009

4 more not listed; retrieve them via the Exa API.

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