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MALLERY v. BD. OF SUPERVISORS

147 Misc.2d 521 (1990)

In the Matter of Roger H. Mallery, as District Attorney of Schoharie County, Petitioner, v. Board of Supervisors of the County of Schoharie, Defendant.

Supreme Court, Schoharie County.

June 6, 1990

Attorney(s) appearing for the Case

Roger H. Mallery, petitioner pro se. Raynor B. Duncombe for defendant.

HAROLD J. HUGHES, J.

The petition will be dismissed, without costs.

Petitioner was elected District Attorney of Schoharie County at the general election of November 7, 1989. Subdivision (1) of section 4 of the Public Officers Law provides in pertinent part that the, "term of office of an elective officer * * * shall commence on the first day of January next after his election". On January 1, 1990, the annual salary of the

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