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O'MALLEY v. MACEJKA

44 N.Y.2d 530 (1978)

C. Douglas O'Malley, Appellant, v. John J. Macejka, as Town Assessor of the Town of Rotterdam, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Thomas E. De Lorenzo for appellant.

Christian X. Kouray and Athena C. Kouray for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, and COOKE concur.

FUCHSBERG, J.

This case presents issues regarding alleged incompatibility and conflict of interest in the simultaneous holding of two public offices.

Respondent John J. Macejka has for a long time occupied the appointive position of Assessor in the Town of Rotterdam in Schenectady County. Without relinquishing that office, on January 11, 1972 he was elected a member of the Schenectady County Board of...

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