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MATTER OF KELCH v. TOWN BOARD OF TOWN OF DAVENPORT

36 A.D.3d 1110 (2007)

829 N.Y.S.2d 250

In the Matter of BRITT KELCH, Appellant, v. TOWN BOARD OF TOWN OF DAVENPORT, Respondent.

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

Decided January 18, 2007.

Kane, J.

In September 2004, after respondent adopted a resolution reducing the number of town justices from two to one, the voters approved the resolution in a referendum reducing the number of justices effective January 1, 2006. Although respondent planned to eliminate the then-vacant town justice position, Supreme Court held in a separate proceeding that the person elected to fill the vacant justice position in November 2004 would hold a four-year term and the position...

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