CUOMO v. CHEMUNG LEGISLATURE


122 Misc.2d 42 (1983)

Mario Cuomo, as Governor of the State of New York, Plaintiff, v. Chemung County Legislature, Defendant.

Supreme Court, Special Term, Chemung County.

November 25, 1983


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lawrence L. Doolittle of counsel), for plaintiff. John F. O'Mara, County Attorney, for defendant.


STEPHEN SMYK, J.

The Governor commenced the above-entitled action to obtain a judgment declaring that he has the sole authority to appoint a qualified person to fill any vacancy occurring in the office of Sheriff of the County of Chemung despite an apparently conflicting provision of that county's charter, and enjoining defendant from acting to fill a vacancy in the office of Sheriff created by the resignation of Sheriff Patrick A. Patterson. In opposition...

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