Katkowski v. LaGuardia

Pécora, J.

Petitioner moves for an order pursuant to article 78 of the Civil Practice Act to compel the mayor of the city of New York to appoint successors in all cases wherein the terms of city marshals have expired. Respondent has moved under section 1293 of the Civil Practice Act for an order dismissing the petition.

The petition shows that there are forty-eight city marshals whose terms of office have expired, but whose successors in office have not yet been appointed. Plaintiff, in the role of a citizen and taxpayer, is suing for the general benefit of the public to compel a public officer…