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CAREY v. OSWEGO COUNTY

91 A.D.2d 62 (1983)

Hugh L. Carey, as Governor of The State of New York, Respondent-Appellant, v. Oswego County Legislature, Appellant-Respondent

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

January 6, 1983

Attorney(s) appearing for the Case

Robert J. Nicholson, County Attorney, for appellant-respondent.

Robert Abrams, Attorney-General (Lawrence L. Doolittle of counsel), for respondent-appellant.

James G. Sweeney for New York State County Attorneys Association, amicus curiae.

SWEENEY, J. P., KANE, YESAWICH, JR., and LEVINE, JJ., concur.

CASEY, J.

The Governor commenced the underlying declaratory judgment action to compel a declaration that he has the exclusive right to appoint an interim District Attorney to the vacancy existing in that office in Oswego County by the resignation of the incumbent on April 28, 1982. In opposition, defendant claims that a grant of such authority to plaintiff would violate the home rule provisions of article IX...

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