Mallery v. Board of Supervisors

OPINION OF THE COURT

Harold J. Hughes, J.

The petition will be dismissed, without costs.

Petitioner was elected District Attorney of Schoharie County at the general election of November 7, 1989. Subdivision (1) of section 4 of the Public Officers Law provides in pertinent part that the, "term of office of an elective officer * * * shall commence on the first day of January next after his election”. On January 1, 1990, the annual salary of the *522District Attorney of Schoharie County was fixed at $26,500. Before taking his oath of office petitioner met with the Board of Supervisors of the County of…