Yonkers Charter Revision Commission v. City of Yonkers

Appellate Division of the Supreme Court of New York

Yonkers Charter Revision Commission v. City of Yonkers

153 A.D.2d 699, 544 N.Y.S.2d 871, 1989 N.Y. App. Div. LEXIS 11063

Appellate Division of the Supreme Court of the State of New York·Decided August 21, 1989·Published

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to compel funding of the petitioner’s budget appropriation pursuant to Municipal Home Rule Law § 36, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Silver-man, J.), entered May 8, 1989, which dismissed the proceeding.

[700] Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the hearing court that the adoption of Resolution No. 11-1989 constituted an affirmative action on the petitioner’s budgetary request. The Mayor of Yonkers was, therefore, without power to authorize that budget by the filing of a certificate (see, Municipal Home Rule Law § 36 [6] [c]). We have considered the petitioner’s remaining arguments and find them to be without merit. Bracken, J. P., Kunzeman, Sullivan and Balletta, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to compel funding of the petitioner’s budget appropriation pursuant to Municipal Home Rule Law § 36, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Silver-man, J.), entered May 8, 1989, which dismissed the proceeding.

[700] Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the hearing court that the adoption of Resolution No. 11-1989 constituted an affirmative action on the petitioner’s budgetary request. The Mayor of Yonkers was, therefore, without power to authorize that budget by the filing of a certificate (see, Municipal Home Rule Law § 36 [6] [c]). We have considered the petitioner’s remaining arguments and find them to be without merit. Bracken, J. P., Kunzeman, Sullivan and Balletta, JJ., concur.

Yonkers Charter Revision Commission v. City of Yonkers, 153 A.D.2d 699, 544 N.Y.S.2d 871, 1989 N.Y. App. Div. LEXIS 11063 (N.Y. Ct. App. 1989).

Pincite

153 A.D.2d 699 (Yonkers Charter Revision Commission v. City of Yonkers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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