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MATTER OF DAVIS v. IMPELLITERI

197 Misc. 162 (1950)

In the Matter of Benjamin J. Davis, Jr., Petitioner, v. Vincent R. Impelliteri et al., Respondents.

Supreme Court, Special Term, New York County.

January 13, 1950.

Attorney(s) appearing for the Case

Harry Sacher and David M. Freedman for petitioner.

John P. McGrath, Corporation Counsel (Robert E. Hugh and Beatrice Dunn of counsel), for respondents.

AURELIO, J.

This is an application by petitioner pursuant to article 78 of the Civil Practice Act, wherein he seeks an order of the court determining, in effect, that his elective office as a city councilman was not vacated upon his conviction of a felony in the United States District Court for the Southern District of New York. Petitioner further seeks payment of his salary as a councilman from the date of...

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