MILK v. GOTTSCHALK


29 A.D.2d 698 (1968)

Helen Milk, Appellant-Respondent, v. James J. Gottschalk, Respondent, and County of Sullivan, Respondent-Appellant

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

January 8, 1968


GABRIELLI, J.

The October 25, 1966 meeting at which the two members present voted for respondent Gottschalk's reappointment, for a term to commence January 1, 1967 was called by respondent himself, without demonstrated authority, and, indeed, in apparent contravention of the board members' unanimous action to adjourn to October 26, 1966 a previously called meeting. Assuming, nevertheless, that the action of the two members may under some circumstances...

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