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MATTER OF ENTWISTLE v. MURTAUGH

17 N.Y.2d 6 (1966)

In the Matter of Florence Entwistle, Respondent, v. George Murtaugh, as Member of the Town Board of the Town of Frankfort, et al., Defendants, and Bennie P. Zito et al., Appellants.

Court of Appeals of the State of New York.

Decided January 13, 1966.

Attorney(s) appearing for the Case

Philip D. O'Donnell for August Tassa, appellant.

Thomas A. Morris for Bennie P. Zito, appellant.

Fred J. O'Donnell for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

MEMORANDUM.

The order appealed from should be reversed, without costs, and the petition dismissed. It was not, we think, the intention of the Legislature by the enactment and various amendments of the applicable statutes (Public Officers Law, §§ 10, 30; Town Law, § 25) to set a trap for the unwary by confusing the proper office in which the qualifying oath of office of a town officer should be filed. Under the...

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