Stowe v. Board of Supervisors

Van Kirk, P. J. (concurring).

The petitioner was a bridge tender and not a legislative employee. The fact alone that an incumbent is appointed or elected by a legislative body is not conclusive. To be a legislative employee his main duties must in some manner be connected with the functioning of a legislative body. (Matter of O’Grady v. Polk, 132 App. Div. 47; People ex rel. Martin v. Scully, 56 id. 302.) In Matter of Ryan v. Vars (224 App. Div. 773) the petitioner was held to be a legislative employee, being a watchman in the court house which was the home of the legislative body, and was…