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SHAMON v. LATTIMORE

115 A.D.2d 326 (1985)

George J. Shamon et al., Individually and as Members of The Auburn City Council, Respondents, v. Paul W. Lattimore, Individually and as Mayor of The City of Auburn, et al., Respondents, and George W. Cregg, Sr., Appellant

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

November 15, 1985

Judgment unanimously reversed, on the law, with costs, and petition dismissed.

Memorandum:

It was error for the court to grant the petition to annul the acts of the Charter Commission and the Mayor in incurring and authorizing the payment of the Commission's legal fees. A municipal body in retaining counsel and incurring legal fees acts ultra vires absent specific statutory authorization or appropriate resolution and appropriation by the governing body (

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