MATTER OF FURK v. BD. OF SUPERVISORS OF THE COUNTY OF SULLIVAN


1 A.D.2d 794 (1956)

In the Matter of Henry P. Furk, Petitioner, 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

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

January 31, 1956


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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