Opinion
Decided December 20, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH J. RICOTTA, J.
Timothy A. McCarthy for appellants.
James L. Magavern for Thomas E. Radich, respondent.
MEMORANDUM.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), the order of the Appellate Division should be affirmed, with costs.
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 N.Y.2d 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 N.Y.2d 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 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.