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MATTER OF BRESLIN v. LEARY

35 A.D.2d 794 (1970)

In the Matter of Loretta Breslin, Individually and as Executrix of William M. Breslin, Deceased, Respondent-Appellant, v. Howard R. Leary, as Police Commissioner of The City of New York, et al., Appellants-Respondents

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

November 17, 1970

By operation of law the office held by the decedent became vacant upon his conviction of a felony. (Public Officers Law, § 30, subd. 1, par. e). The decedent appealed his conviction to the Appellate Division, which unanimously affirmed. (See 27 A.D.2d 704.) He then appealed to the Court of Appeals and, while the appeal was pending, he died. Due to his death the Court of Appeals dismissed the appeal and directed a vacatur of...

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