Super Lawyers
William C. Altreuter
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Thursday, July 23, 2009

I read the Public Officer's Law, and the applicable provision of the State Constitution, and I am inclined to believe that the Governor does not have the authority to appoint a Lieutenant Governor-- but it seems like a close call. To my way of thinking, a tie goes to the runner, so the stay that Justice William LaMarca issued probably is properly lifted. I'm not seeing the irreparable harm here.

I'm also not clear on why this is playing out in Nassau County and the Second Department. The whole thing is going to the Court of Appeals soon enough, but this is a matter that is properly venued in Albany and the Third Department, ad it seems odd that it hasn't been moved to this point.

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