Radich v. Council of the City of Lackawanna
Cases that cite this one
24 later published cases cite this decision.
- County of Onondaga v. State of New York (Appellate Division of the Supreme Court of New York 2025)
- Matter of Buenos Hill Inc. v. Saratoga Springs Planning Bd. (New York Supreme Court, Saratoga County 2024)
- Matter of St. Lawrence County v. City of Ogdensburg (Appellate Division of the Supreme Court of New York 2022)
- Matter of St. Lawrence County v. City of Ogdensburg (Appellate Division of the Supreme Court of New York 2022)
- EMPIRE STATE CHAPTER OF ASSOCIATED v. SMITH, M. PATRICIA (Appellate Division of the Supreme Court of New York 2012)
- Empire State Chapter of Associated Builders & Contractors, Inc. v. Smith (Appellate Division of the Supreme Court of New York 2012)
- Empire State Chapter of Associated Builders & Contractors, Inc. v. Smith (Appellate Division of the Supreme Court of New York 2012)
- Greenman v. Page (Appellate Division of the Supreme Court of New York 2004)
- Revere v. Sullivan (N.Y. 2000)
- Revere v. Sullivan (Appellate Division of the Supreme Court of New York 2000)
- City of New York v. Patrolmen's Benevolent Ass'n of City of New York, Inc. (N.Y. 1996)
- Aetna Casualty. v. County of Nassau (Appellate Division of the Supreme Court of New York 1996)
- Grumet v. Cuomo (Appellate Division of the Supreme Court of New York 1996)
- Building Contractors Ass'n v. State (Appellate Division of the Supreme Court of New York 1995)
- Krukowski v. Steffensen (Appellate Division of the Supreme Court of New York 1993)
- Town of North Hempstead v. Incorporated Village of Westbury (Appellate Division of the Supreme Court of New York 1992)
- Agway, Inc. v. Williams (Appellate Division of the Supreme Court of New York 1992)
- Amerogen v. Donnini (N.Y. 1991)
- 19th Street Associates v. State (Appellate Division of the Supreme Court of New York 1991)
- Settlement Home Care, Inc. v. Industrial Board of Appeals of the Department of Labor (Appellate Division of the Supreme Court of New York 1989)
- Baranello v. Suffolk County Legislature (Appellate Division of the Supreme Court of New York 1987)
- Village of Tully v. Harris (Appellate Division of the Supreme Court of New York 1986)
- Town of Islip v. Cuomo (N.Y. 1984)
- Pero v. City of Batavia (Appellate Division of the Supreme Court of New York 1984)
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
OPINION OF THE COURT
Memorandum.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]),
Pursuant to subdivision 1 of section 2-a of the General City Law, upon the resignation of the former Mayor, the powers and duties of that office automatically and instantaneously devolved upon the president of the city council, who thereby became the Mayor. By operation of the statute, no vacancy in the office of Mayor ever existed (Matter of Burns v Kinley, 60 NY2d 40, 41) and the provisions of the statute, rather than those of the city charter, govern mayoral succession in this case. Section 2-a of the General City Law is a proper exercise of legislative power in an area of State-wide significance and, therefore, does not implicate the home rule provisions of article IX of the Constitution. (Matter of Burns v Kinley, supra, at p 43; Matter of Kelley v McGee, 57 NY2d 522, 538.)
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
On review of submissions pursuant-to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.