Munnelly v. Newkirk

Because we find few situations to which the doctrine of estoppel is more apt than the case at hand, we dissent. This case is not about whether the NY Constitution provides for a four-year term of office for a Town Justice elected to fill a vacancy. Rather, it is about whether a candidate who presents himself to the voters on his designating and nominating petitions as running for a “2-Year Term” is estopped from asserting such a constitutional provision, even assuming that the Constitution should be so construed. Noticeably absent from the pleadings is any assertion by petitioner that in 1997…