Opinion · New York Court of Appeals
Carey v. Oswego County Legislature
59 N.Y.2d 847
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1983-06-09
- Topic
- general
How later courts describe this case
- County Law § 400 (7), authorizing the Governor to appoint to fill a vacancy in a county elective office, superseded inconsistent county law where vacancy was in office of district attorney
Citator
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- Cited by
- 14 opinions
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion by Justice John T. Casey at the Appellate Division, except that we express no view on the question of venue, which issue has been apparently abandoned by the parties. We note, in addition, that notwithstanding the fact that the appeal has been rendered moot by the election of a District Attorney, we deem it appropriate to reach the merits because of the substantial importance and recurring nature of the issue presented.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.