Legal Opinion

Cruz v. Gentner

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

Decided June 2, 1997Published

1Opinion of the Court

In a hybrid proceeding and action, inter alia, for a judgment declaring that a resolution calling for the removal of a member of the petitioner Board of Managers was invalid, the appeal is from an order of the Supreme Court, Suffolk County (Hall, J.), dated April 30, 1996, which granted the petition and declared the resolution invalid.

Ordered that the order is affirmed, with costs.

It is a well-established principle of statutory construction that a general provision does not overrule a particular provision but applies only where the particular provision is inapplicable (see, People v Lawrence,…

2Cases cited7 opinions

  1. People v. LawrenceNew York Court of Appeals · 1984
  2. People v. Mobil Oil Corp.New York Court of Appeals · 1979
  3. People Ex Rel. Davidson v. . GilonNew York Court of Appeals · 1891
  4. Gwynne v. Board of Education of Union Free School District No. 3New York Court of Appeals · 1932
  5. AP Propane, Inc. v. SperbeckAppellate Division of the Supreme Court of the State of New York · 1990

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