RESNICK v. COUNTY OF ULSTER


44 N.Y.2d 279 (1978)

In the Matter of Louis Resnick et al., Respondents, v. County of Ulster et al., Appellants, and Robert H. Kuhlmann et al., Respondents. Raymond Rebeor, Petitioner, and Hugh L. Carey, as Governor of the State of New York, Intervenor-Appellant, v. David Wilcox, as Oswego County Clerk, et al., Respondents. In the Matter of William J. McCarthy, Individually and as a Member of the Oswego County Legislature, Appellant, and Hugh L. Carey, as Governor of the State of New York, Intervenor-Appellant, v. Oswego County Legislature, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1978.


Attorney(s) appearing for the Case

Abram F. Molyneaux, County Attorney (Francis T. Murray of counsel), for appellants in the first above-entitled matter.

Louis M. Klein, respondent pro se, and for Louis Resnick, respondent in the first above-entitled matter.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for Hugh L. Carey, respondent in the first above-entitled matter.

John T. Sullivan for appellant in the second above-entitled matter.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for intervenor-appellant in the second above-entitled matter.

Robert J. Nicholson, County Attorney, for respondents in the second above-entitled matter.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.


FUCHSBERG, J.

Each of these two cases requires us to decide whether county legislatures in noncharter counties may, in carrying out their home rule functions, enact local laws providing that a vacancy in the office of county legislator occurring other than by expiration of its term is to be filled by the remaining membership of the body. In each case the local law is attacked on the ground that it is incompatible...

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