Legal Opinion · Concurring in part, dissenting in part
In re County of Suffolk
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1977Published
1Concurring in part, dissenting in part
Titone, J. (concurring in part and dissenting in part).
I agree with the majority’s determination that incumbent Police Commissioner Eugene R. Kelley was validly appointed to fill the unexpired term of his predecessor and that his tenure expires on March 16, 1977. However, I do not subscribe to the majority’s conclusion that the appointment by the County Legislature of a new police commissioner to succeed Comissioner Kelley, is subject to the approval or disapproval (veto) of the County Executive. After a detailed examination of the county charter in its entirety, I am convinced that the power…
2Cases cited8 opinions
- Rankin v. ShankerNew York Court of Appeals · 1968
- Teeval Co. v. SternNew York Court of Appeals · 1950
- Saltser & Weinsier, Inc. v. McGoldrickNew York Court of Appeals · 1946
- Matter of City of Long Beach v. P.S. Comm.New York Court of Appeals · 1928
- Wiley v. HopeAppellate Division of the Supreme Court of the State of New York · 1975
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