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Board of Supervisors v. Aulisi

385 N.E.2d 1302, 46 N.Y.2d 731, 413 N.Y.S.2d 374, 1978 N.Y. LEXIS 2438
CourtNew York Court of Appeals
DecidedDecember 1, 1978
StatusPublished
Cited by16 cases

This text of 385 N.E.2d 1302 (Board of Supervisors v. Aulisi) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Supervisors v. Aulisi, 385 N.E.2d 1302, 46 N.Y.2d 731, 413 N.Y.S.2d 374, 1978 N.Y. LEXIS 2438 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Memorandum.

Judgment of the Appellate Division affirmed, without costs, on the opinion of Mr. Justice T. Paul Kane at the Appellate Division. It is noted additionally that a new District Attorney has been elected in the County of Montgomery to take office on January 1, 1979. These events will moot the necessity for displacing the regularly elected District Attorney based on whatever disqualification has arisen because of past associations and activity or omissions. Should the problem which gave occasion to the designation invalidated in this proceeding recur, recourse, if supported by a proper basis, may be had to the Governor of the State for action in accordance with his powers under the State Constitution (art XIII, § 13) and subdivision 2 of section 63 of the Executive Law.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fushsberg and Cooke concur.

Judgment affirmed, without costs, in a memorandum.

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Bluebook (online)
385 N.E.2d 1302, 46 N.Y.2d 731, 413 N.Y.S.2d 374, 1978 N.Y. LEXIS 2438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-supervisors-v-aulisi-ny-1978.