Legal Opinion

Cappelli v. Sweeney

New York Supreme Court

Decided June 29, 1995PublishedCited by 3 opinions

1Opinion of the Court

*222OPINION OF THE COURT

Carolyn E. Demarest, J.

Petitioners in this hybrid CPLR article 78 proceeding/ declaratory judgment action are members of the New York State Unemployment Insurance Appeals Board (the Board), a five-member entity within the State Labor Department created originally by Laws of 1935 (ch 468, § 1) and continued, as modified, in Labor Law § 534. All three petitioners were appointed on December 29, 1994, to serve the balance of six-year terms which the prior incumbents had occupied as holdovers beyond the expiration of their original terms. Mr. Cappelli was designated Chairman.…

2Cases cited19 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. Branti v. FinkelSupreme Court of the United States · 1980
  4. Rutan v. Republican Party of IllinoisSupreme Court of the United States · 1990
  5. Kaluczky v. City of White PlainsCourt of Appeals for the Second Circuit · 1995

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3Cited by3 opinions

  1. Adams v. SuozziDistrict Court, E.D. New York · 2006
  2. Cuomo v. New York State Commn. on Ethics & Lobbying in Govt.New York Court of Appeals · 2025
  3. Cappelli v. SweeneyAppellate Division of the Supreme Court of the State of New York · 1996

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