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PORCARI v. GRIFFITH

2017-08926. Index No. 50259/17.

169 A.D.3d 729 (2019)

91 N.Y.S.3d 705

2019 NY Slip Op 00918

Lawrence A. Porcari et al., Respondents, v. Marcus A. Griffith, as Mayor of the City of Mount Vernon, et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 6, 2019.

Ordered that the order is affirmed, with costs.

In 2016, the plaintiffs were appointed to certain local offices by the Mayor of the City of Mount Vernon. On December 23, 2016, the Mount Vernon City Council enacted, over the Mayor's veto, an ordinance "declaring" that the offices occupied by the plaintiffs were "vacant" pursuant to Code of the City of Mount Vernon § 50-38, which requires certain local officers, such as the Corporation Counsel and the Commissioner...

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