Nydick v. Suffolk County Legislature

On January 10, 1975, as a result of the resignation of Thomas Downey, a vacancy was created in the office of County Legislator for the Eleventh Legislative District, Suffolk County, New York. Immediately thereafter the Governor of the State of New York appointed Richard Lambert to fill the vacancy. By resolution adopted January 14, 1975 the Suffolk County Legislature appointed William E. Gerdts to fill the same vacancy.

The appointment by the Governor was made under the authority of section 400 of the County Law which provides, in part, as follows:

"§ 400. Officers; manner of selection; term;…