Capolino v. Matranga

McGivern and Nunez, JJ.

(dissenting). We dissent and find the order proper only insofar as it directs a meeting to consider an abridgement of the terms of office from three to two years to be effective in- futuro, i.e., to commence upon expiration of present terms, or January 1,1970. In our view, the rationale of Costello v. O’Kane (280 App. Div. 70) still commands respect, and an incumbent officer cannot ,be removed or be .subject to the shortening of his tenure until the expiration of his present term. If he be accused of serious abuse of office, the pertinent Federal statutes afford relief…