Legal Opinion

In re Village of Hempstead

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 1942PublishedCited by 2 opinions

1Opinion of the Court

*820The honesty, integrity and good faith of the Commissioner are not questioned. A judicial proceeding, however, must not be open to the slightest suspicion. Here the Commissioner at the time of his appointment and the making and filing of his oath of office was acting as special counsel in certain tax certiorari proceedings wherein the same village that instituted this condemnation proceeding was concerned. Therefore it may not be said that he is disinterested within the language of the statute; and the fact that he resigned his office as special counsel to the village after taking his oath as…

2Cited by2 opinions

  1. City of Glen Cove v. Utilities & Industries Corp.Appellate Division of the Supreme Court of the State of New York · 1963
  2. New York State Electric & Gas Corp. v. O. & W. Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1963

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