Paladino v. Town of Harrison

Appellate Division of the Supreme Court of New York

Paladino v. Town of Harrison

225 A.D.2d 698, 639 N.Y.2d 466, 639 N.Y.S.2d 466, 1996 N.Y. App. Div. LEXIS 2618

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

DecidedMarch 18, 1996

StatusPublished

Cited by2 cases

This text of 225 A.D.2d 698 (Paladino v. Town of Harrison) 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

Paladino v. Town of Harrison, 225 A.D.2d 698, 639 N.Y.2d 466, 639 N.Y.S.2d 466, 1996 N.Y. App. Div. LEXIS 2618 (N.Y. Ct. App. 1996).

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Opinion

[699]*699As the Third Department has ruled in a similar case, "Assuming, without deciding, that the Town Board can properly delegate its authority to hire and fire town employees to the Town Supervisor, we are of the view that the * * * resolution [doing so] is invalid because no standard of policy was established by the Town Board to provide a guide for the Town Supervisor to follow when hiring and firing town employees. This omission is fatal to the resolution” (Matter of Schimmel v Biscone, 107 AD2d 915, 916-917, citing 59 NY Jur, Towns, § 68).

We have considered the respondents’ remaining contentions and find them to be without merit. Balletta, J. P., O’Brien, Altman and Friedmann, JJ., concur.

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[699]*699As the Third Department has ruled in a similar case, "Assuming, without deciding, that the Town Board can properly delegate its authority to hire and fire town employees to the Town Supervisor, we are of the view that the * * * resolution [doing so] is invalid because no standard of policy was established by the Town Board to provide a guide for the Town Supervisor to follow when hiring and firing town employees. This omission is fatal to the resolution” (Matter of Schimmel v Biscone, 107 AD2d 915, 916-917, citing 59 NY Jur, Towns, § 68).

We have considered the respondents’ remaining contentions and find them to be without merit. Balletta, J. P., O’Brien, Altman and Friedmann, JJ., concur.

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Bluebook (online)

225 A.D.2d 698, 639 N.Y.2d 466, 639 N.Y.S.2d 466, 1996 N.Y. App. Div. LEXIS 2618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paladino-v-town-of-harrison-nyappdiv-1996.

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