Page 196 A.D.2d 616, *; 464 N.Y.S.2d 594, **;1983 N.Y. App. Div. LEXIS 19162, ***
In the Matter of Corinne Briggs et al., as Trustees of the Village of Monticello, Appel-lants, v. Louis Harmin, as Mayor of the Village of Monticello, et al., Respondents[NO NUMBER IN ORIGINAL]Supreme Court of New York, Appellate Division, Third Department96 A.D.2d 616; 464 N.Y.S.2d 594; 1983 N.Y. App. Div. LEXIS 19162July 7, 1983CASE SUMMARY:PROCEDURAL POSTURE:
Petitioners, three village trustees, challenged a judgment of the Supreme Court, SullivanCounty (New York) that dismissed the trustees' application to compel the inclusion of certain items on the agenda for the next meeting of the village board of trustees. The trustees also sought to prohibit the person serving as village attor-ney from acting and receiving any compensation in that capacity. Respondent village mayor opposed the application.
The trustees contended that the board of trustees had the sole authority to appoint persons to fill the posi-tions of village clerk, village treasurer, and village attorney. The mayor alleged that he had the authority to fill the posi-tions subject to approval by the board. The trustees proposed an amendment to a board agenda circulated by the mayor where they provided that the open positions would be appointed by the board, rather than by the mayor. On appeal, thecourt held that Monticello, N.Y., Village Law § 4-400(1)(c) plainly authorized the mayor to appoint the village attorney,the village clerk, and the village treasurer subject to the approval of the board. The court noted that § 4-400(1)(c) was ageneral statute that applied uniformly to all villages and that there was no validly enacted local law to the contrary. Thecourt indicated that § 4-400(1)(c) was controlling and superseded former Monticello, N.Y., Village Law §§ 89 and 4-406, and therefore the former statutes had no effect on the village manager form of government because the appoint-ments in question were never managerial functions.
The court affirmed the dismissal of the trustees' application.
village, village attorney, appointment, village clerk, treasurer, agenda, Village Law, village manager,form of government, regular meeting, appointed, appoint, nominee, serving, filled
Governments > Local Governments > FinanceGovernments > Local Governments > Ordinances & Regulations
[HN1] Monticello, N.Y., Village Law § 4-400(1)(c) is a general statute which should be applied uniformly to all villagesabsent a validly enacted local law to the contrary.
Mahoney, P. J., Main, Mikoll, Yesawich, Jr., and Levine, JJ., concur.
Appeal from a judgment of the Supreme Court at Special Term (Pitt, J.), entered May 27, 1982 in Sul-livan County, which dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to compel the
inclusion of certain items on the agenda for the next regular meeting of the Board of Trustees of the Village of Monticello. This proceeding is a dispute between respondent Louis Harmin, Mayor of the Village of Monticello, and petitioners, three of the village's trustees. It involves the fundamental question of whether the village's board of trusteeshas the sole authority to appoint persons to fill the positions of village clerk, village treasurer and village attorney or whether such authority rests with the Mayor subject to approval by the village board. The situation came to a head atthe annual reorganizational meeting of the board, on April 5, 1982, when the Mayor circulated an agenda for the meet-