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MATTER OF FURK v. BD. OF SUPERVISORS

1 N.Y.2d 128 (1956)

In the Matter of Henry P. Furk, Respondent, v. Board of Supervisors of the County of Sullivan, Respondent, and August Merkenschlager, Appellant. In the Matter of August Merkenschlager, Appellant, v. Joshua Boucher et al., Individually and as Members of the Town Board of the Town of Cochecton, Sullivan County, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 27, 1956.

Attorney(s) appearing for the Case

George H. Rosen and Rose S. Rosen for appellant.

Hyman E. Mintz for Henry P. Furk and others, respondents.

Irving Bershader for Board of Supervisors of the County of Sullivan and another, respondents.

CONWAY, Ch. J., DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

DESMOND, J.

At the 1955 election for the office of Supervisor, Town of Cochecton, County of Sullivan, there were two candidates: the incumbent supervisor who is appellant here, and respondent. Each received 310 votes. Acting under subdivision 5 of section 64 of the Town Law, the town board on January 3, 1956, filled the resulting vacancy by choosing respondent. Both courts below have held that this was the lawful...

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