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MATTER OF FRANCZYK v. O'CONNELL

23 A.D.2d 962 (1965)

In the Matter of Augustine Franczyk, Appellant, v. George D. O'Connell, as Comptroller of The City of Buffalo, Respondent

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

May 20, 1965

Order unanimously affirmed, without costs of this appeal to either party.

Memorandum:

We affirm the order appealed from on the basis of the incompatibility of the office of Councilman and the civil service position of Community Recreation Supervisor in the Department of Parks of the City of Buffalo. In view of our determination, if the petitioner should apply for a leave of absence from his Parks Department position for the full term to which he was elected...

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