Needleman v. Voorhis
Cases that cite this one
3 later published cases cite this decision.
- Bergerman v. Gerosa (Appellate Division of the Supreme Court of New York 1956)
- Johnson v. City of New York (N.Y. 1937)
- McEneny v. McKee (Appellate Division of the Supreme Court of New York 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A borough president is an elective officer and a member of the board of aldermen (Greater New York Charter, § 18). That body is charged under the Constitution (Art. Ill, § 5) with the duty of dividing the several counties within the city of New York into Assembly districts and its members are constitutional officers (People ex rel. Deitz v. Hogan, 214 N. Y. 216, 222; Matter of Schwab v. Boyle, 174 App. Div. 442, 445; affd., 219 N. Y. 561). The present incumbent of the office of *341 borough president of the borough of Brooklyn, appointed to fill a vacancy (Greater New York Charter, § 382), is forbidden to hold his office by virtue of such appointment beyond the commencement of the next political year (Const, art. X, § 5). So much of section 382 of the Greater New York Charter as provides that a vacancy in this office shall be filled for the unexpired term of his predecessor is, therefore, unconstitutional.
The judgment should be affirmed.
Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.