Legal Opinion
In re Hushion
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 1938PublishedCited by 5 opinions
1Opinion of the CourtCarswell, J.
The common council of the city of Yonkers is vested with the power, under section 75 of the Second Class Cities Law, to diminish or reject any items contained in the annual estimate submitted to it by the board of estimate and apportionment except certain specified items. This - grant of power contemplates an honest and not a wanton exercise of discretion by the common council.
Here the common council has eliminated entirely certain items which relate to the furnishing of essential services in the administering of the city government. No paring down was indulged in on the theory that the…
2Cases cited2 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- The People v. . the Supervisors of ChenangoNew York Court of Appeals · 1853
3Cited by5 opinions
- Sherwood Bros. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Donnelly v. SheaNew York Supreme Court · 1966
- Tupper v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2012
- Donnelly v. SheaNew York Court of Appeals · 1966
- TUPPER, JOSEPH v. CITY OF SYRACUSEAppellate Division of the Supreme Court of the State of New York · 2012