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Matter of Cruz v. Deierlein

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1994
208 A.D.2d 785 (N.Y. App. Div. 1994)

Opinion

October 18, 1994

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the proceeding is dismissed.

We agree with the appellant that Municipal Home Rule Law § 36 (5) (a) imposes a mandatory requirement on a Charter Revision Commission appointed pursuant to that section to review the entire City Charter, to make a report to accompany its proposals, "in which it shall refer specifically" to the parts of the charter which it is leaving unchanged, and to explain its decision to leave such parts unchanged. Since the report of the petitioner Charter Revision Commission of the City of Yonkers failed to comply with this statutory mandate, the appellant was not obligated to accept the proposals for filing and transmission to the Westchester County Board of Elections for placement on the ballot (see, Matter of Adams v. Cuevas, 68 N.Y.2d 188; Matter of Astwood v. Cohen, 291 N.Y. 484; Matter of Noonan v. O'Leary, 284 App. Div. 646; Matter of Village of Massena v. Lomenzo, 58 Misc.2d 40; Matter of Hardwick v. Kramer, 200 Misc. 207, affd 278 App. Div. 1040 affd 303 N.Y. 605).

We have considered the petitioners' remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Sullivan and Balletta, JJ., concur.


Summaries of

Matter of Cruz v. Deierlein

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1994
208 A.D.2d 785 (N.Y. App. Div. 1994)
Case details for

Matter of Cruz v. Deierlein

Case Details

Full title:In the Matter of SOBEIDA CRUZ et al., Respondents, v. JOAN C. DEIERLEIN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1994

Citations

208 A.D.2d 785 (N.Y. App. Div. 1994)
618 N.Y.S.2d 377