MATTER OF CONLIN v. KISIEL


35 A.D.2d 423 (1971)

In the Matter of Joseph E. Conlin, Appellant, v. Michael W. Kisiel et al., as Commissioners of The Board of Elections of the County of Niagara, et al., Respondents

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

January 7, 1971.


Attorney(s) appearing for the Case

Grossman & Levine (Stanley Grossman of counsel), for appellant.

Samuel L. Tavano (F. Warren Kahn of counsel), for respondents.

DEL VECCHIO, J. P., MOULE and HENRY, JJ., concur with WITMER, J.; MARSH, J., not participating.


WITMER, J.

By unilateral action of the Republican Commissioner of Elections of Niagara County, petitioner was replaced as Deputy Commissioner of Elections. His petition in an article 78 proceeding for an order certifying that he is still such Deputy Commissioner and prohibiting his removal from the payroll was denied in the order of Special Term from which petitioner appeals.

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