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  5. 85 N.Y.2d 447 (1995)
 

MATTER OF HOSLEY v. CURRY

85 N.Y.2d 447 (1995)

649 N.E.2d 1176

626 N.Y.S.2d 32

In the Matter of M. John Hosley, Jr., Respondent, v. James T. Curry, Individually and as Hamilton County District Attorney, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1995.

Attorney(s) appearing for the Case

Hancock & Estabrook, Syracuse (Alan J. Pierce and Patrick M. Connors of counsel), for appellant.

Lustberg and Ferretti, Glens Falls (Joan M. Ferretti of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and CIPARICK concur with Judge LEVINE; Judge SMITH dissents and votes to affirm for reasons stated in the opinion by Justice Karen K. Peters at the Appellate Division ().

LEVINE, J.

Petitioner commenced this proceeding seeking an order disqualifying respondent from acting in the capacity of Hamilton County District Attorney for failing to satisfy the residency requirements of Public Officers Law §§ 3 and 30. A hearing was held at which petitioner produced three witnesses. The first testified that he had served respondent with the subject petition in the evening at a...

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