Furk v. Board of Supervisors

At the 1955 election for the office of Supervisor, Town of Cochecton, County of Sullivan, there were two candidates: the incumbent supervisor who is appellant here, and respondent. Each received 310 votes. Acting under subdivision 5 of section 64 of the Town Law, the town board on January 3, 1956, filled the resulting vacancy by choosing respondent. Both courts below have held that this was the lawful method, and we agree.

The statute (Town Law, § 64, subd. 5, supra) reads in its applicable part, as follows:" “ Whenever a vacancy shall occur or exist in any town office, the town board or a…