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MTR RADICH v. CITY COUNCIL

93 A.D.2d 559 (1983)

In the Matter of Thomas E. Radich, Respondent, v. Council of the City of Lackawanna et al., Appellants

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

May 25, 1983

Attorney(s) appearing for the Case

Burd & McCarthy (Timothy McCarthy of counsel), for appellants.

Magavern, Magavern, Lowe, Beilewech, Dopkins & Fadale (James Magavern and Marianne E. Hanley of counsel), for respondent.

CALLAHAN, J. P., DENMAN and BOOMER, JJ., concur.

SCHNEPP, J.

The central issue on this appeal is whether succession to the office of Mayor of the City of Lackawanna in the event of a vacancy is governed by section 2-a of the General City Law or by section 4.2 of the Charter of the City of Lackawanna. While the State law provides that the president of the city council is to succeed to the office, the city charter, under the circumstances here, empowers the council...

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