Legal Opinion

Entwistle v. Murtaugh

New York Supreme Court

Decided December 31, 1964PublishedCited by 2 opinions

1Opinion of the CourtRichard D. Simons, J.

This is an article 78 proceeding seeking an order to declare vacant the offices of Justice of the Peace, Town Councilman and Town Clerk of the Town of Frankfort, New York.

The respondents Zito, Tassa and Falcone, respectively, were elected to those offices in November of 1963 for two-year terms commencing on January 1, 1964. Elected at the same time and for the same term was Supervisor Edward Freedman.

On January 2,1964 respondents Tassa and Zito executed their oaths of office as Town Councilmen and delivered them to Supervisor Freedman for filing in the office of the Clerk of Herkimer County.…

2Cases cited16 opinions

  1. People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
  2. Foot v. . StilesNew York Court of Appeals · 1874
  3. Felice v. SwezeyAppellate Division of the Supreme Court of the State of New York · 1951
  4. Schlobohm v. Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1946
  5. People ex rel. Howard v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1899

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3Cited by2 opinions

  1. Anderson v. KrupsakAppellate Division of the Supreme Court of the State of New York · 1976
  2. Longobardi v. OakleyNew York Supreme Court · 1966

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