Legal Opinion · Dissent

Delaney v. Del Bello

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

Decided April 3, 1981Published

1DissentRabin, J.

The county executive may exercise only such powers as are conferred upon him by statute (Matter of Village of Boonville v Maltbie, 272 NY 40, 47). The statute in question (Local Law No. 7 of 1979 of the County of Westchester, § 89-b) expressly provides that the county executive shall appoint and remove the Commissioner/Sheriff only with the approval of the county board of legislators. This court has held that, where the power to appoint and to remove requires the joint act of two authorities, the power to suspend likewise requires the authority of both acting jointly (Matter of Kreppein v…

2Cases cited2 opinions

  1. Matter of Village of Boonville v. MaltbieNew York Court of Appeals · 1936
  2. Tuchman v. TrussellNew York Supreme Court · 1964

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