MTR. OF DYKEMAN v. SYMONDS


54 A.D.2d 159 (1976)

In the Matter of Gerald Dykeman, Respondent, v. Carolyn M. Symonds, as County Legislator of District No. 4 of Yates County, Appellant, and L. H. Carpenter, as County Clerk of Yates County, et al., Respondents

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

November 5, 1976


Attorney(s) appearing for the Case

Taylor & Taylor (Daniel Taylor of counsel), for appellant.

Reynolds E. Hahn for Gerald Dykeman, respondent.

MARSH, P. J., MOULE, SIMONS and DILLON, JJ., concur.


WITMER, J.

The issue presented on this appeal is whether a Motor Vehicle Supervisor of Yates County, appointed by the County Clerk of that county and whose salary is fixed by the County Legislature, who thereafter is elected to a seat on that County Legislature from one of the districts in the county, may serve as such Legislator and continue to hold her position as Motor Vehicle Supervisor. Special Term held...

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