Murphy v. Burkhart

—Judgment unanimously reversed, without costs, motion denied, and petition reinstated. Memorandum: Appellant is the representative of the estate of John D. Murphy, formerly city clerk of the City of Rome. Under the Rome City Charter, the city clerk is an appointive office, and the Common Council is the appointing body (Rome City Charter, tit A, art III, § 7). The term of the clerk’s office is “at the pleasure of the Council” (Rome City Charter, tit A, art III, § 10). In the elections held in the fall of 1980, a majority of the council members elected were Republican. When the newly elected…