County of Herkimer v. Hess
240 A.D. 1013
N.Y. App. Div.
1933
Check Treatment

Submitted controversy determined in favor of the defendant Floyd A. Clayton, without costs. Memorandum. We treat this submitted controversy for a declaratory judgment as in the nature of a quo warranto between the two defendants. The Constitution of the State makes no provision for the term of office of supervisor (N. Y. Const, art. 3, § 26). That matter is left to the Legislature (N. Y. Const, art. 10, § 3). It was at all times within the power of the Legislature to fix the term of office even though it resulted in the shortening of the term of a previously elected supervisor. (People ex rel. Mitchell v. Sturgis, 156 N. Y. 580. See Williams v. United States, 289 U. S. 553.) All concur.