Matter of Benzow v. Cooley

In Matter of Benzow v. Cooley (22 Misc. 2d 208 [1960], affd 12 A.D.2d 162 [1961], affd 9 N.Y.2d 888, 889 [1961]), the Supreme Court held that a local law permitting the mayor of Buffalo to run for a second four-year term of office did not require a mandatory referendum because "[t]he eligibility of a Mayor to succeed himself, if elected to another term, clearly would not change or lengthen the term of office" (id.,22 Misc. 2d at 211). In affirming the lower court's decision, the Appellate Division, Fourth Department, held that the amendment was not one which changed the term of an elective office since "[t]he term of Mayor under the new law is still four years" (id., 12 A.D.2d at 164). Thus, in Benzow the term of mayor was four years both before and after enactment of the local law.