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

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

DecidedAugust 21, 1989

StatusPublished

This text of 153 A.D.2d 699 (Yonkers Charter Revision Commission v. City of Yonkers) 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

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).

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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]*700Ordered 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]*700Ordered 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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Bluebook (online)

153 A.D.2d 699, 544 N.Y.S.2d 871, 1989 N.Y. App. Div. LEXIS 11063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yonkers-charter-revision-commission-v-city-of-yonkers-nyappdiv-1989.

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