Legal Opinion

Kelch v. Town Board

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

Decided January 18, 2007PublishedCited by 7 opinions

1Opinion of the CourtKane, J.

Appeal from a judgment of the Supreme Court (Tait, J.), entered October 4, 2005 in Delaware County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent setting petitioner’s annual salary.

In September 2004, after respondent adopted a resolution reducing the number of town justices from two to one, the voters approved the resolution in a referendum reducing the number of justices effective January 1, 2006. Although respondent planned to eliminate the then-vacant town justice position, Supreme Court held in a separate…

2Cases cited15 opinions

  1. COM. Ex Rel. CARROLL v. TATESupreme Court of Pennsylvania · 1971
  2. People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
  3. Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 2003
  4. Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 2006
  5. Carlson v. State Ex Rel. StodolaIndiana Supreme Court · 1966

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3Cited by7 opinions

  1. Larabee v. Governor of the StateAppellate Division of the Supreme Court of the State of New York · 2009
  2. Maron v. SilverAppellate Division of the Supreme Court of the State of New York · 2008
  3. Roe v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2009
  4. Larabee v. Governor of New YorkNew York Supreme Court · 2008
  5. Maron v. SilverAppellate Division of the Supreme Court of the State of New York · 2008

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