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MATTER OF RICKET v. MAHAN

513721.

97 A.D.3d 1062 (2012)

949 N.Y.S.2d 272

2012 NY Slip Op 5773

In the Matter of THEODORE W. RICKET, Appellant-Respondent, v. PAULA A. MAHAN et al., as Members of the Town Board of the Town of Colonie, et al., Respondents, and JOHN H. CUNNINGHAM, Individually and as Commissioner of Public Works of the Town of Colonie, Respondent-Appellant.

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

July 26, 2012.

Kavanagh, J.

In 2010, respondent Town Board of the Town of Colonie passed a resolution appointing respondent John H. Cunningham, who was not a resident of the Town, to a two-year term as Commissioner of Public Works. Petitioner, a resident of the Town, initiated a proceeding to invalidate the appointment on the grounds that Cunningham was not a Town resident, nor did he possess the qualifications for the position as established...

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