Davis v. Impelliteri

This is an application by petitioner pursuant to article 78 of the Civil Practice Act, wherein he seeks an order of the court determining, in effect, that his elective office as a city councilman was not vacated upon his conviction of a felony in the United States District Court for the Southern District of New York. Petitioner further seeks payment of his salary as *163a councilman from the date of his conviction to the end of his elective term on December 31, 1949. Pursuant to section 1293 of the Civil Practice Act and rulé 106 of the Rules of Civil Practice, respondents have moved for an order…