Crosby v. Van Valkenburgh

This is an appeal by petitioner from an order of the Special Term denying a motion to compel respondent to deliver to appellant records, books, and papers pertaining to the office of Supervisor of the Town of Halcott, Greene County. The facts are not disputed.

The Town Board of Halcott consists of five members: A Supervisor, two Councilmen, and two Justices of the Peace. At the' 1941 election, respondent, then holding the office of Supervisor, was a candidate for re-election. The election resulted in *93a tie, causing the office to be vacant. Respondent, however, continued in office as a…