Matter Thomas E. Radich v. Council City Lackawanna Matter Thomas E. Radich v. Council City Lackawanna

Matter Thomas E. Radich v. Council City Lackawanna

1983.NY.47224 460 N.E.2D 223; 61 N.Y.2D 652

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Publisher Description

Pursuant to subdivision 1 of section 2-a of the General City Law, upon the resignation of the former Mayor, the powers and duties of that office automatically and instantaneously devolved upon the president of the city council, who thereby became the Mayor. By operation of the statute, no vacancy in the office of Mayor ever existed (Matter of Burns v Kinley, 60 N.Y.2d 40, 41) and the provisions of the statute, rather than those of the city charter, govern mayoral succession in this case. Section 2-a of the General City Law is a proper exercise of legislative power in an area of State-wide significance and, therefore, does not implicate the home rule provisions of article IX of the Constitution. (Matter of Burns v Kinley, supra, at p 43; Matter of Kelley v McGee, 57 N.Y.2d 522, 538.)

GENRE
Professional & Technical
RELEASED
1983
December 20
LANGUAGE
EN
English
LENGTH
1
Page
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
63.4
KB

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