Mountain v. Scott

Appellate Division of the Supreme Court of New York

Mountain v. Scott

106 A.D.2d 918, 1984 N.Y. App. Div. LEXIS 21839

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 14, 1984

DocketAppeal No. 1

StatusPublished

This text of 106 A.D.2d 918 (Mountain v. Scott) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mountain v. Scott, 106 A.D.2d 918, 1984 N.Y. App. Div. LEXIS 21839 (N.Y. Ct. App. 1984).

Pincite

Opinion

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with Special Term that chapter 296 of the Laws of 1984 does not operate to repeal section 23 of the Judiciary Law and that there is no merit to the challenge to the election. Inasmuch as by operation of law (Judiciary Law, §§ 22, 23) Judge De Rose’s term expires December 31, 1984, petitioner was elected not to fill a vacancy (see L 1969, ch 351) but as a successor to De Rose’s expired term (see People ex rel. Joyce v Brundage, 78 NY 403) and is entitled to serve a full term (see People ex rel. Weller v Townsend, 102 NY 430) of four years (see L 1969, ch 351). (Appeals from order of Supreme Court, Cattaraugus County, Kane, J. — Election Law.) Present — Hancock, Jr., Doerr, Boomer, Green and O’Donnell, JJ. (Order entered Dec. 5,1984.)

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with Special Term that chapter 296 of the Laws of 1984 does not operate to repeal section 23 of the Judiciary Law and that there is no merit to the challenge to the election. Inasmuch as by operation of law (Judiciary Law, §§ 22, 23) Judge De Rose’s term expires December 31, 1984, petitioner was elected not to fill a vacancy (see L 1969, ch 351) but as a successor to De Rose’s expired term (see People ex rel. Joyce v Brundage, 78 NY 403) and is entitled to serve a full term (see People ex rel. Weller v Townsend, 102 NY 430) of four years (see L 1969, ch 351). (Appeals from order of Supreme Court, Cattaraugus County, Kane, J. — Election Law.) Present — Hancock, Jr., Doerr, Boomer, Green and O’Donnell, JJ. (Order entered Dec. 5,1984.)

Cite This Page — Counsel Stack

Bluebook (online)

106 A.D.2d 918, 1984 N.Y. App. Div. LEXIS 21839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountain-v-scott-nyappdiv-1984.

Opinion

Related

Cite This Page — Counsel Stack