ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

July 29, 2018

Qualification for office


Qualification for office
Reeves v County of Onondaga, 89 N.Y.2d 901

The New York State Court of Appeals ruled that if an individual is qualified to be appointed to the board of directors of the Central New York Regional Market Authority at the time of appointment, he or she may continue in that position even if he or she does not meet the qualifications at a later date.

§827 of the Public Authorities Law mandates that two members of the three-person board "must be persons engaged in farming who derive a greater part of their income therefrom and who actually sell all or part of their produce on the [Central New York Regional] Market." Timothy D. Reeves sued the Onondaga County Legislature contending that a "farmer-producer" member of the Authority had retired from farming and therefore could no longer serve in that capacity.

The Court of Appeals disagreed, noting that if the farmer-producer members of the Authority were qualified persons at the time of appointment, nothing in §827 required the individual to be terminated "upon a change in his [or her] status as a farmer-producer."

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com