In re Crosby

The town board of the town of Halcott in Greene county is constituted of five members: a supervisor, two councilmen and two justices of the peace. At the general election of 1941 there was a tie vote for the office of supervisor and a tie vote for the office of one councilman. The incumbent supervisor, Van Valkenburgh, held over. (Pub. Off. Law, § 5.) He continues, under that statute, to occupy the office until his successor is chosen and qualifies. There was no incumbent councilman and that vacancy has not been filled. The board, after January 1,1942, consisted of the supervisor, the…