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MATTER OF MUNNELLY v. NEWKIRK

262 A.D.2d 781 (1999)

692 N.Y.S.2d 195

In the Matter of KENNETH J. MUNNELLY, Respondent, v. KATHLEEN NEWKIRK, as Town Clerk of the Town of Bethlehem, et al., Appellants, et al., Respondents.

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

Decided June 16, 1999.

Per Curiam.

In March 1997, Honorable Peter C. Wenger, one of two incumbent Town Justices of the Town of Bethlehem in Albany County, died during the second year of the four-year term to which he had been elected in November 1995. Pursuant to Town Law § 64 (5), the Town Board filled the vacancy by appointment, with the appointee holding office until December 31, 1997. The office was placed on the ballot for the general election in November 1997 and petitioner was...

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