MTR. OF OAKLEY v. LONGOBARDI


51 Misc.2d 427 (1966)

In the Matter of Frank G. W. Oakley et al., Constituting the Town Board of the Town of Carmel, et al., Petitioners, v. Marcella M. Longobardi, Respondent.

Supreme Court, Putnam County.

July 29, 1966


Attorney(s) appearing for the Case

Milton E. Lacina for petitioners. Godson & Lyons for respondent.


GERALD NOLAN, J.

This proceeding is apparently brought on the theory that the respondent is, de facto, the Collector of Taxes of the Town of Carmel and although the petition does not allege that she has failed to perform any duty enjoined on a Town Collector of Taxes by law, it may be treated, in view of the relief applied for, as an application to compel her to vacate the office, which she now occupies...

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