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DUCI v. ROBERTS

65 A.D.2d 56 (1978)

Frank Duci, Individually and as Mayor of The City of Schenectady, Appellant, v. David W. Roberts et al., Constituting the City Council of The City of Schenectady, et al., Respondents

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

November 30, 1978

Attorney(s) appearing for the Case

Borst, Smith & Tocker (Paul H. Tocker of counsel), for appellant.

George D. Braden, Corporation Counsel, for respondents.

GREENBLOTT, J. P., KANE, STALEY, JR., and HERLIHY, JJ., concur.

SWEENEY, J.

The facts are not in dispute. From 1936 to 1976 the City of Schenectady had an ordinance which empowered the Mayor to appoint standing committees. On January 1, 1976, there was a change in the political composition of the city council with the Mayor a member of the minority party. With this shift in political control, the new majority amended the ordinance in question by a majority vote. As amended...

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