Oakley v. Longobardi

This proceeding is apparently brought on the theory that the respondent is, de facto, the Collector of Taxes of the Town of Carmel and although the petition does not allege that she has failed to perform any duty enjoined on a Town Collector of Taxes by law, it may be treated, in view of the relief applied for, as an application to compel her to vacate the office, which she now occupies as a de facto officer, which may be made pursuant to article 78 CPLR where there is no ambiguity in the statutory law invoked, and only a question of law is involved (Matter of Schlobohm v. Municipal Housing…