Legal Opinion

City Council of Mount Vernon v. Batra

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

Decided March 29, 2011Published

1Opinion of the Court

*1225Contrary to the appellants contention, the Supreme Court properly considered the issue of whether his appointment pursuant to section 66 of the Mount Vernon City Charter was lawfully terminated. Moreover, there is no merit to the appellant’s contention that his appointment pursuant to that section was irrevocable and not at the pleasure of the mayor. Where, as here, the power of appointment is conferred in general terms and without restriction, the right to remove the appointee is within the discretion or at the pleasure of the appointing power (see People ex rel. Fonda v Morton, 148 NY 156,…

2Cases cited5 opinions

  1. People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
  2. Walworth Mfg. Co. v. BurtonAppellate Division of the Supreme Court of the State of New York · 1903
  3. Mack v. Mayor of New YorkNew York Supreme Court · 1902
  4. Abraham Waters v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 1992
  5. Prospect v. CohalanAppellate Division of the Supreme Court of the State of New York · 1985

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