GIRARD v. GLENS FALLS


173 A.D.2d 113 (1991)

In the Matter of Daniel J. Girard, Petitioner, v. City of Glens Falls et al., Respondents. (And Another Related Proceeding.)

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

December 12, 1991


Attorney(s) appearing for the Case

Grasso & Grasso (Jane K. Finin and Kathleen R. Decataldo of counsel), for petitioner.

McPhillips, Fitzgerald & Meyer, P. C. (Joseph R. Brennan of counsel), for respondents.

CASEY, J. P., WEISS and LEVINE, JJ., concur with HARVEY, J.; MERCURE, J., concurs in part and dissents in part in a separate opinion.


HARVEY, J.

In November 1985, petitioner was appointed as a permanent civil service firefighter for respondent City of Glens Falls in Warren County. In approximately June 1988, petitioner became a Democratic Committee member with the apparent full knowledge of the Mayor in office at that time. Thereafter, petitioner sought an opinion from the State Board of Elections concerning whether he could run for political...

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