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MATTER OF RADICH v. COUNCIL OF THE CITY OF LACKAWANNA

61 N.Y.2d 652 (1983)

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

Court of Appeals of the State of New York.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Timothy A. McCarthy for appellants.

James L. Magavern for Thomas E. Radich, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), the order of the Appellate Division should be affirmed, with costs.

Pursuant to subdivision 1 of section 2-a of the General City Law, upon the resignation of the former Mayor, the powers and duties of that office automatically and instantaneously devolved...

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