Legal Opinion

Matter of Osborn v. Cohen

New York Court of Appeals

Decided October 13, 1936PublishedCited by 22 opinions

1Opinion of the CourtCrouch, J.

It is the law of the State (State Const, art. XII, § 2) that the Legislature may not pass any law relating to the property, affairs and government of a city which is special or local, either in terms or effect, except on an emergency message from the Governor and the concurrent action of two-thirds of the members of each house of the Legislature.

The question here is whether chapter 886 of the Laws of 1936 is unconstitutional because it was not passed in that way. This statute adds a new section to chapter 226 of the Laws of 1922. It directs the submission to the qualified voters of every city…

2Cases cited8 opinions

  1. Adler v. DeeganNew York Court of Appeals · 1929
  2. Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
  3. Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
  4. Robertson v. ZimmermannNew York Court of Appeals · 1935
  5. Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883

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3Cited by22 opinions

  1. New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
  2. Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
  3. Kelley v. McGeeNew York Court of Appeals · 1982
  4. City of Amsterdam v. HelsbyNew York Court of Appeals · 1975
  5. City of New York v. Patrolmen's Benevolent Ass'n of City of New York, Inc.New York Court of Appeals · 1996

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