New York Court of Appeals

In the Matter of Edward J. Mooney, Respondent, Against S. Howard Cohen, Constituting the Board of Elections…

October 6, 1936272 N.Y. 33

Summary

The New York Court of Appeals held that the State Legislature may, under the Home Rule amendment, authorize a charter commission to prepare and submit a new city charter for voter approval, and that such delegation does not violate the constitutional prohibition on delegating legislative power. The Court reversed the lower court’s order denying the motion.