# Board of Supervisors v. Aulisi

> New York Court of Appeals · December 1, 1978 · 46 N.Y.2d 731

URL: https://www.frixlaw.com/law-library/cases/5531986

## Case

- **Full name:** In the Matter of Board of Supervisors of Montgomery County v. Arthur C. Aulisi, as a Justice of the Supreme Court, and Charles E. Hardies, Jr., as District Attorney of the County of Montgomery
- **Court:** New York Court of Appeals
- **Decided:** December 1, 1978
- **Citations:** 46 N.Y.2d 731; 413 N.Y.S.2d 374; 385 N.E.2d 1302; 1978 N.Y. LEXIS 2438
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5531986

## Opinion text

OPINION OF THE COURT
Memorandum.
Judgment of the Appellate Division affirmed, without costs, on the opinion of Mr. Justice T. Paul Kane at the Appellate Division. It is noted additionally that a new District Attorney has been elected in the County of Montgomery to take office on January 1, 1979. These events will moot the necessity for displacing the regularly elected District Attorney based on whatever disqualification has arisen because of past associations and activity or omissions. Should the problem which gave occasion to the designation invalidated in this proceeding recur, recourse, if supported by a proper basis, may be had to the Governor of the State for action in accordance with his powers under the State Constitution (art XIII, § 13) and subdivision 2 of section 63 of the Executive Law.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fushsberg and Cooke concur.
Judgment affirmed, without costs, in a memorandum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5531986. Public record. Not legal advice.