Hoerger v. Spota
New York Court of Appeals
997 N.E.2d 1229, 21 N.Y.3d 549, 975 N.Y.S.2d 377 (2013)
- Written by Deanna Curl, JD
Facts
The Suffolk County legislature amended the county charter to limit the number of terms a Suffolk County district attorney may serve to 12 consecutive years. Thomas J. Spota III (defendant), Suffolk County’s District Attorney, was elected to serve three consecutive four-year terms and on track to reach the 12-consecutive-year limit in December 2013. Spota was designated to serve as a candidate for an additional term as Suffolk County district attorney in the 2013 election. Another candidate for the district attorney’s office and county voters (the challengers) (plaintiffs) challenged Spota’s candidacy and sought to invalidate Spota’s designation petitions, arguing that Spota’s candidacy was barred by the term-limit provision of the county charter.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Smith, J.)
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