18 N.E.2d 531 | NY | 1939
Section
In the verified petition it is alleged that the appointment was for the term commencing January 1, 1936, that by statute the term of office did not expire until the first day of January next succeeding the next biennial town election held after the time of his appointment, that the first biennial town election after his appointment was held on November 2, 1937, and that his term of office *368
did not expire until December thirty-first of that year. Petitioner asserts that the town board had no power to remove him during the term of office as fixed by section
The town attorney appointed in pursuance of the provisions of section
Section
By the provisions of the Town Law above referred to, the Legislature left with the town board the right to create the office of town attorney, to appoint the incumbent and to fix his salary. The statute, however, definitely fixed the term and duration of the office by name when created by the town board. Thus, the Legislature determined that the term of the office of the person appointed should continue until the first day of January next succeeding the first biennial town election held after the time of his appointment. No power was granted to the town board by the Legislature to change the length of the term of office, without which the town board could not affect the duration of the term of the appointee (Matter of Litt v.Emery, 80 Hun, 380; affd.,
The order of the Appellate Division should be reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur.
Ordered accordingly.