Legal Opinion

Opn. No.

New York Attorney General Reports

Decided November 13, 1990Published

1Opinion of the Court

Requestor: Edwin J. Carpenter, Jr., Esq., City Attorney City of Corning 143 Pine Street Corning, New York

Written by: James D. Cole, Assistant Attorney General in Charge of opinions

You have asked whether in a vote by a local legislative body, abstentions by members of the body should be counted as negative votes.

You have informed us that under your city's charter, the common council is composed of the mayor and ten aldermen. Under the charter, however, the mayor has no vote except in case of a tie. You have indicated that the vote on a resolution before the common council to apply to the State…

2Cases cited6 opinions

  1. Town of Smithtown v. HowellNew York Court of Appeals · 1972
  2. Rockland Woods, Inc. v. Incorporated Village of SuffernAppellate Division of the Supreme Court of the State of New York · 1973
  3. Squicciarini v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1975
  4. Savatgy v. City of KingstonNew York Court of Appeals · 1967
  5. Cromarty v. LeonardAppellate Division of the Supreme Court of the State of New York · 1961

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