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MATTER OF RIESTER v. REILLY

138 Misc.2d 68 (1988)

In the Matter of Frederick C. Riester, Petitioner, v. Herbert Reilly, as Supervisor and Budget Officer of the Town of New Scotland, et al., Respondents.

Supreme Court, Albany County.

January 21, 1988

Attorney(s) appearing for the Case

Frederick C. Riester, petitioner pro se. Roche, Corrigan, McCoy & Bush (Robert P. Roche of counsel), for respondents.

ROBERT F. DORAN, J.

Petitioner seeks a judgment declaring that he is the Town Attorney for the Town of New Scotland until a successor is duly appointed and qualified. Petitioner claims that respondents should recognize and acknowledge him as the Town Attorney pursuant to Public Officers Law § 5. Petitioner also seeks a declaration that respondents should pay him the salary as appropriated in the annual budget for the Town of New Scotland.

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