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Labor & Employment Law

: New York Public Personnel Law

Filling a vacant city court judge position by appointment

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Filling a vacant city court judge position by appointment
Informal Opinion of the Attorney General, 2009-02

A vacancy in the position of city court judge that is filled by appointment by the mayor with the advice and consent of the city council does not constitute appointment by the council within the meaning of General City Law §3.

The Attorney General, citing Gigoliotti v Berg, 40 AD2d 182, said that an appointment made by an executive with the advice and consent of legislative body ?has repeatedly been found not to constitute an appointment by the legislative body.

The opinion is posted on the Internet at:
http://www.oag.state.ny.us/bureaus/appeals_opinions/opinions/2009/Informal/I%202009-2%20pw.pdf

Full post as published by New York Public Personnel Law on July 22, 2009 (boomark / email).

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