219 A.D. 1 | N.Y. App. Div. | 1926
At the annual village election held in 1925, defendant Snedeker was elected president of the village of Haverstraw, and acted as such until the month of August, 1925, when he resigned. The term of office for which he had been elected would have expired at noon on the first Monday after the third Tuesday of March, 1926. (Village Law, § 43, as amd. by Laws of 1915, chap. 323, and Laws of 1925, chap. 295; since amd. by Laws of 1926, chap. 391.)
On August 8, 1925, pursuant to section 61 of the Village Law, the board of trustees appointed defendant Lynch to fill the vacancy caused by Snedeker’s resignation. At the annual election held on the third Tuesday in March, 1926, the two candidates to fill the vacancy were the defendant Lynch and the relator Stalter. The former received the highest number of votes. It was discovered in April that, at the time of the appointment of Lynch to succeed Snedeker and at the time of the election in March, 1926, Lynch was not eligible for the office of president of the village because he was not owner of property assessed to him on the assessment rolls of the village as provided by section 42 of the Village Law (as amd. by Laws of 1925, chap. 297). Lynch thereupon resigned. The board of trustees appointed Snedeker as village president, who in this action claims to be entitled to the office by virtue of his appointment. Stalter, the defeated candidate at the election, claims that he is entitled to the office because he received the next highest number of votes to Lynch who was ineligible. Which of these two men, Snedeker or Stalter, is entitled to the office depends upon the construction of part of section 53 of the Village Law, as follows: “ The person eligible and receiving the highest number of votes for
It is conceded the same question is involved in action No. 2, and, therefore, the same result must be reached.
Conclusions of law II and III in both actions are reversed. Let conclusions of law in accordance herewith be submitted.
The judgment in each case should be reversed on the law, without costs, and complaints dismissed on the merits, without costs.
Kelly, P. J., Jay cox. Manning and Kapper, JJ., concur.
In each case: Judgment reversed on the law, without costs, and complaint dismissed on the merits, without costs.