Legal Opinion
O'Malley v. Macejka
New York Court of Appeals
Decided June 6, 1978PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
This case presents issues regarding alleged incompatibility and conflict of interest in the simultaneous holding of two public offices.
Respondent John J. Macejka has for a long time occupied the appointive position of Assessor in the Town of Rotterdam in Schenectady County. Without relinquishing that office, on January 11, 1972 he was elected a member of the Schenectady County Board of Representatives, that local governmental unit’s legislative body. Having successfully stood for re-election, he has continued to act in both capacities ever since.
Appellant, C.…
2Cases cited6 opinions
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- Franklin v. KrauseNew York Court of Appeals · 1973
- People ex rel. Pond v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
- Franklin v. KrauseSupreme Court of the United States · 1974
- Fauci v. LeeNew York Supreme Court · 1963
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetThe Superior Court of New York City · 1876
- Offenbacher v. City of Columbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1914