Legal Opinion

Schulz v. De Santis

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

Decided March 7, 1996PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Cardona, P. J.

On July 7, 1994, the City of Glens Falls Common Council (hereinafter Council) voted on a resolution to appoint a certain law firm as the City’s labor counsel. All six members of the Council, as well as respondent, the City’s Mayor, were present. The vote was three in favor, two opposed and one abstention. Generally, under the terms of the City Charter, a majority of the Council "present and voting” at any meeting at which a quorum is present is sufficient to pass a resolution. However, the Charter also provides that where, as here, the matter necessitates an…

2Cases cited10 opinions

  1. Hecht v. City of New YorkNew York Court of Appeals · 1983
  2. Castaways Motel v. SchuylerNew York Court of Appeals · 1969
  3. Joanne S. v. CareyAppellate Division of the Supreme Court of the State of New York · 1986
  4. Rockland Woods, Inc. v. Incorporated Village of SuffernAppellate Division of the Supreme Court of the State of New York · 1973
  5. Weimer v. Board of EducationNew York Court of Appeals · 1981

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3Cited by8 opinions

  1. Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1996
  2. Resnick v. Town of CanaanAppellate Division of the Supreme Court of the State of New York · 2007
  3. Ballard v. DavisAppellate Division of the Supreme Court of the State of New York · 1999
  4. Godfrey v. SpanoNew York Supreme Court · 2007
  5. Hearst Corp. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2011

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