Monaco Cooper Lamme & Carr, PLLC successfully represented a local City Council and City Clerk in a hotly contested legislative process matter arising from an action commenced by the City and its Mayor. The plaintiffs sought a declaratory judgment invalidating the City Council’s appointment of a new Councilmember to fill a vacant seat, after obtaining an ex parte Emergency Temporary Restraining Order (TRO) that halted the seating of the appointed Councilmember.
The underlying facts were largely undisputed. Following the resignation of a City Councilmember, the Council properly noticed and convened a Special Meeting to address the vacancy. Five of the six Council members were present. A motion was made to consider candidates, during which the Mayor and Corporation Counsel interjected with objections regarding the meeting notice and unsolicited commentary on prior appointment practices. Despite those objections, a candidate was duly nominated and seconded, and four of the five Councilmembers present voted in favor of the appointment.
Although the Mayor subsequently issued a written veto, the appointment process was completed. The newly appointed Councilmember took the Oath of Office, administered by the City Clerk.
Thereafter, City administration refused to recognize the appointment or complete the onboarding of the new Councilmember. As a result, the City Council was rendered effectively inoperable – unable to elect a Council President or City Clerk, and unable to conduct Council business due to 3–2 vote deadlocks where four affirmative votes were required.
MCLC attorneys Norah Murphy and Laura Gulfo mounted a swift and comprehensive challenge, submitting a detailed Memorandum of Law, and presented oral argument before the presiding Supreme Court Justice. Their advocacy focused on the lack of legal basis for the TRO and the clear statutory authority supporting the Council’s appointment process.
The Court agreed with Murphy and Gulfo’s arguments in full, vacating the TRO and ordering that the newly appointed Council member be immediately seated, thereby restoring the City Council’s ability to function and govern. The action has been subsequently discontinued by stipulation of the parties.
A copy of the Court’s full Decision and Order vacating the TRO, denying the motion for preliminary injunction, and immediately seating the Councilmember may be read here: https://www.nycourts.gov/reporter/3dseries/2026/2026_50138.htm
About Laura Gulfo
Laura M. Gulfo is a partner at Monaco Cooper Lamme & Carr, PLLC. She has a diverse transactional practice where she works closely with individuals, businesses, governmental entities, and public authorities in matters involving bonds, contracts, procurements, labor and employment, real estate, real property, and tax certiorari matters. Beyond transactional work, Laura represents numerous municipalities and municipal officials, providing daily general counsel services to elected officials, boards, and authorities, as well as representation in litigation matters.
Additionally, Laura represents complainants and respondents, specifically students, faculty, colleges, universities, and employers who are involved in Title IX and sexual assault, harassment, and abuse matters. Laura is recognized in The Best Lawyers in America Ones to Watch and Super Lawyers Rising Stars. She earned her J.D., magna cum laude, from Albany Law School of Union University Law School, and her B.S. in Mathematics, summa cum laude, from the State University of New York at Albany. She can be reached at lgulfo@mclclaw.com.
About Norah Murphy
Norah Murphy is Senior Counsel at Monaco Cooper Lamme & Carr, PLLC. She represents individuals, businesses, and the professions in business, corporate matters, and real property matters. She litigates construction and labor law, municipal and public sector law, environmental law, personal and premises liability, hospitality and retail liability, insurance defense, and estate matters. Prior to joining MCLC, Norah was Senior Counsel for a national insurance company where she was designated the New York Subject Matter Expert in construction utility strike cases and was a frequent presenter at state and national risk management training seminars in the areas of labor law, premises liability, public sector, and law enforcement liability. She can be reached at nmurphy@mclclaw.com.
About Monaco Cooper Lamme & Carr, PLLC
MCLC is a law firm dedicated to providing exceptional legal services and unparalleled value while building rewarding and lasting client relationships. Our team includes seasoned trial and transactional attorneys who are nationally recognized industry and legal authorities in a wide range of practices, supported by a remarkable professional support staff. For more information on our firm, visit mclclaw.com or contact our Chief Operating Officer, Stacy A. Smith at ssmith@mclclaw.com.
