Seavey v. Van Hatten

Defendant-appellant Van Hatten was elected to the office of supervisor from the Town of Marcy, Oneida County, at the general election held November 8, 1949. Plaintiff-respondent, Carlton R. Seavey, the present incumbent of said office, whose term expires on December 31, 1949, brings this action under section 473 of the Civil Practice Act, for a judgment declaring that, pursuant to the provisions of section 23 of the Town Law, appellant was not eligible to hold the office of supervisor and that the respondent, by virtue of section 5 of the Public Officers Law, holds over as supervisor until…