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MATTER OF MURPHY v. BURKHART

92 A.D.2d 733 (1983)

In the Matter of Faith Murphy, as Executrix of John D. Murphy, Deceased, Appellant, v. Donald L. Burkhart et al., Individually and as Members of Rome Common Council, et al., Respondents

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

February 28, 1983

Judgment unanimously reversed, without costs, motion denied, and petition reinstated.

Memorandum:

Appellant is the representative of the estate of John D. Murphy, formerly city clerk of the City of Rome. Under the Rome City Charter, the city clerk is an appointive office, and the Common Council is the appointing body (Rome City Charter, tit A, art III, § 7). The term of the clerk's office is "at the pleasure of the Council" (Rome City Charter, tit A,...

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