Cruz v. Deierlein
Cruz v. Deierlein
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the judgment and order of Supreme Court, Westchester County reinstated.
The Appellate Division concluded that the report of the Charter Revision Commission of the City of Yonkers failed to comply with the requirements of Municipal Home Rule Law §36 (5) (a). This conclusion is erroneous. The seven-page single-spaced report details the history of the Commission’s formation, giving a background and overview of the two Charter amendment propositions that the Commission ultimately adopted — including a discussion of its review of the proposed Local Laws considered by the City Council on the issues involved. The report also specifically states that the Charter Revision Commission examined the balance of the
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.
Reference
- Full Case Name
- In the Matter of Sobeida Cruz, as Chairperson of the Charter Revision Commission of the City of Yonkers v. Joan C. Deierlein, as City Clerk of the City of Yonkers
- Cited By
- 2 cases
- Status
- Published