1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 18 N.Y.2d
  5. 18 N.Y.2d 589 (1966)
 

MATTER OF DONNELLY v. SHEA

18 N.Y.2d 589 (1966)

In the Matter of Thomas J. Donnelly, Individually and as Comptroller of the City of Cohoes, Respondent, v. Emma A. Shea et al., Constituting the Common Council of the City of Cohoes, et al., and Frank Rourke, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

William J. Ryan and Andrew M. Pinckney for appellant.

W. Stanton Ablett, Corporation Counsel (Paul R. Coughlin of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, SCILEPPI and KEATING. Judge BERGAN dissents in the following opinion in which Judges FULD and BURKE concur.

Order affirmed, without costs, upon the opinion at Special Term.

BERGAN, J. (dissenting).

The issue here is this: Assuming the Mayor has the power to veto an ordinance or resolution of the Common Council which reduces the annual estimate, in a case where the council has acted within the time limit of 30 days, can the Mayor's veto, which postpones action to beyond 30 days, result in an absolute duty on the council to adopt the estimate as first...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases