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RESNICK v. CO. OF ULSTER

55 A.D.2d 222 (1976)

Louis Resnick et al., Respondents, v. County of Ulster et al., Appellants, and Hugh L. Carey, as Governor of The State of New York, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1976

Attorney(s) appearing for the Case

Abram F. Molyneaux (Francis T. Murray of counsel), for appellants.

Klein, Klein & Gilday (Louis M. Klein of counsel), for Louis Resnick and another, respondents.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for Hugh L. Carey, respondent.

KOREMAN, P. J., GREENBLOTT, SWEENEY and KANE, JJ., concur.

HERLIHY, J.

The judgment appealed from declared that Local Law No. 1 of the year 1976 as enacted by the Ulster County Legislature is void as a matter of law; that the authority of the Governor to act under section 43 of the Public Officers Law or section 400 of the County Law to fill a vacancy in the office of County Legislator is discretionary and therefore the Governor cannot be directed by the court to fill...

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