The two proceedings in which the order was made were brought under article 78 of the Civil Practice Act. Both individuals named were candidates for the office of supervisor at the general election held on November 8, 1955. The contest resulted in a tie vote. Merkenschlager was then the incumbent in office and his term did not expire until December 31, 1955. On January 3, 1956, the town board of Cochecton appoined Furk as supervisor to fill the vacancy alleged to exist, and...
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