Sheils v. Flynn

This is an appeal from an order denying the motion of certain defendants to dismiss the complaint, in an action for a declaratory judgment.

Plaintiff is the surrogate of Westchester county and has been since March 2, 1937. On that date the Governor notified the Senate that a vacancy existed in the office due to the death of Surrogate Slater, and plaintiff was appointed to the position and qualified and entered upon the discharge of his duties. In and by his complaint he asserts that prior to that appointment and at the election held on November 3, 1936, he had been elected to the office, as he…