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MATTER OF O'DAY v. YEAGER

308 N.Y. 580 (1955)

In the Matter of John I. O'Day, Respondent, v. Charles T. Yeager, as Surrogate of Erie County, Appellant, and Robert W. McNulty, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1955

Attorney(s) appearing for the Case

Elmer R. Weil, County Attorney (Wortley B. Paul of counsel), for Charles T. Yeager, Surrogate of Erie County, appellant.

Michael Catalano for intervenor-appellant.

John I. O'Day, respondent in person.

CONWAY, Ch. J., FROESSEL, VAN VOORHIS and BURKE, JJ., concur with FULD, J.; DYE, J., dissents in an opinion; DESMOND, J., taking no part.

FULD, J.

On January 1, 1950, petitioner, an honorably discharged veteran of World War II, was appointed clerk of the Surrogate's Court of Erie County by Surrogate BUSCAGLIA at a salary of $9,200 a year. Following gubernatorial appointment of CHARLES T. YEAGER as surrogate to fill the vacancy that had occurred in that office, petitioner's appointment was revoked, pursuant to section 21 of the Surrogate's Court...

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