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In the Matter of Maureen S. Hoerger, et al., Appellants,v.Thomas J. Spota III, Respondent, Suffolk County Board of Elections, Respondent.

Brief

17 Cited authorities

  1. U.S. Term Limits, Inc. v. Thornton

    514 U.S. 779 (1995)   Cited 339 times
    Holding that "a state amendment" regulating ballot access "is unconstitutional when it has the likely effect of handicapping a class of candidates and has the sole purpose of creating additional qualifications indirectly"

  2. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 237 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).

  3. Baez v. Hennessy

    853 F.2d 73 (2d Cir. 1988)   Cited 173 times
    Holding that when prosecuting a criminal matter, New York prosecutors act on behalf of the State, not the county in which they serve

  4. Consolidated Edison Co. of New York, Inc. v. Town of Red Hook

    60 N.Y.2d 99 (N.Y. 1983)   Cited 177 times   1 Legal Analyses
    Holding state had preempted local regulation regarding the siting of major steam electric-generating plants

  5. Matter of Kelley v. McGee

    57 N.Y.2d 522 (N.Y. 1982)   Cited 67 times
    Concluding that District Attorneys must be considered local officers

  6. Matter of Hosley v. Curry

    85 N.Y.2d 447 (N.Y. 1995)   Cited 42 times
    Stating that the terms "resident" and "inhabitant" are "properly understood to be synonymous with domicile"

  7. Matter of Roth v. Cuevas

    158 Misc. 2d 238 (N.Y. Sup. Ct. 1993)   Cited 26 times
    Holding that term limit legislation relates to local government affairs and was therefore properly brought as a charter amendment

  8. Adler v. Deegan

    251 N.Y. 467 (N.Y. 1929)   Cited 179 times
    Upholding the Multiple Dwelling Law against a claim that it violated the city home rule provisions of the Constitution

  9. People v. Ramos

    34 Misc. 3d 914 (N.Y. Sup. Ct. 2012)   Cited 2 times
    In People v. Ramos, 2012 N.Y. Slip Op 22003 (Sup.Ct., Kings County 2012), two out of twelve ADAs were “Special Assistant District Attorneys” (“Special ADAs”), who helped present testimony to the grand jury and submit charges to the grand jury regarding an indictment involving 42 individuals.

  10. Spota v. Cnty. of Suffolk

    2012 N.Y. Slip Op. 32473 (N.Y. Sup. Ct. 2012)   Cited 1 times

    Index No.: 04268/2012 MOT. SEQ: 001-MG MOT. SEQ: 002- MG MOT. SEQ: 003- MD MOT. SEQ: 004- MD. 09-25-2012 THOMAS J. SPOTA, as District Attorney of Suffolk County, New York, VINCENT F. DEMARCO, as Suffolk County Sheriff, and JUDITH A. PASCALE, as Suffolk County Clerk, Plaintiffs, v. COUNTY OF SUFFOLK, Defendant. Index No: SHORT FORM ORDER PRESENT: Hon. RALPH T. GAZZILLO A.J.S.C. By Notice of Motion, the plaintiffs have made an application seeking summary judgment and declaring a local law unconstitutional