Baker v. Springer

Hill, P. J. (dissenting).

This is a submitted controversy asking a determination as to the eligibility of plaintiff, who had passed the age of seventy when elected, to hold the office of City Judge of Ithaca. A special statute the “ Ithaca City Court Act ” (L. 1931, ch. 415) fixes the qualifications. “ The city judge shall be an attorney and counselor of the supreme court of the state of New York of. not less than five years’ standing and a resident elector of the city of Ithaca for not less than three years ”.

It is contended that the general statute (Judiciary Law, § 23, as amd. by L. 1945,…