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MATTER OF AMATO v. EPSTEIN

22 A.D.2d 711 (1964)

In the Matter of Joseph Amato et al., Appellants, v. Joseph Epstein et al., Constituting The Board of Elections of the County of Ulster, Respondents. William Sinsabaugh, Intervenor-Respondent

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

October 16, 1964

Per Curiam.

The Special Term erred, in our view (and as appellants now concede), in holding that the provisions of the Public Officers Law (§ 31, subd. 1, par. h; §§ 2, 3 [L. 1892, ch. 681, § 21]) control as against the provisions of the Kingston City Charter (L. 1896, ch. 747) which, by section 20, provides that resignations of officers "shall be presented to the mayor in writing, and shall be effective when accepted by him and filed with...

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