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Greshin v. Suffolk County Legislature

Citations: 53 N.Y.2d 670; 438 N.Y.S.2d 1000; 421 N.E.2d 120; 1981 N.Y. LEXIS 2321

Court: New York Court of Appeals; March 25, 1981; New York; State Supreme Court

Narrative Opinion Summary

The court modified the order, affirming that petitioner Greshin's term on the Suffolk County Vanderbilt Museum Commission expired on December 28, 1978. It also affirmed that John L. Mara was properly appointed to fill the vacancy left by Greshin. The modification was made without costs, and the decision was supported by the concurring and dissenting memorandum of Justice Frank A. Gulotta. The ruling was concurred by Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg, and Meyer.

Legal Issues Addressed

Appointment to Fill Vacancy on Public Commission

Application: The court upheld the appointment of John L. Mara to the commission as a valid action following the expiration of the previous commissioner's term.

Reasoning: It also affirmed that John L. Mara was properly appointed to fill the vacancy left by Greshin.

Expiration of Term on Public Commission

Application: The court determined that the petitioner's term on the Suffolk County Vanderbilt Museum Commission had concluded on a specific date, leading to the need for a successor.

Reasoning: The court modified the order, affirming that petitioner Greshin's term on the Suffolk County Vanderbilt Museum Commission expired on December 28, 1978.

Judicial Agreement and Concurrence

Application: The decision was reached with agreement among the judges, reflecting a unified judicial perspective on the case outcome.

Reasoning: The ruling was concurred by Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg, and Meyer.