Improper performance of a judicial function by a legislative body

Improper performance of a judicial function by a legislative bodyPorcari v Griffith, 2019 NY Slip Op 00918, Appellate Division, Second DepartmentIn 2016, the individuals [Plaintiffs] initiating this action were appointed to certain local offices by the Mayor of the City of Mount Vernon. Later that same year the Mount Vernon City Council enacted an ordinance declaring that the offices occupied by the Plaintiffs were "vacant" because the Plaintiffs were not residents of the City within the meaning of §50-38* of City's Code.The ordinance as enacted also required the City's Comptroller to "… immediately cease payment of salary and benefits to Plaintiffs."** The Comptroller ceased paying salary and benefits to Plaintiffs notwithstanding the fact that Plaintiffs continued to perform the duties of their respective offices.The Plaintiffs thereupon brought an action seeking a declaratory judgment and injunctive relief against the…

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