SEAVEY v. VAN HATTEN


276 A.D. 260 (1949)

Carlton R. Seavey, Respondent, v. Frank A. Van Hatten, Appellant, and Edward W. Lambert et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 29, 1949.


Attorney(s) appearing for the Case

Eugene M. Hanson for appellant.

Ira M. Ball for plaintiff-respondent.

Pirnie Pritchard for defendants-respondents.

All concur. Present — TAYLOR, P. J., McCURN, LOVE, KIMBALL and PIPER, JJ.


Per Curiam.

Defendant-appellant Van Hatten was elected to the office of supervisor from the Town of Marcy, Oneida County, at the general election held November 8, 1949. Plaintiff-respondent, Carlton R. Seavey, the present incumbent of said office, whose term expires on December 31, 1949, brings this action under section 473 of the Civil Practice Act, for a judgment declaring that, pursuant to the provisions of section...

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