Callahan v. Kambour

Charles J. Callahan, Jr., has brought a taxpayer’s action against certain of the Schenectady County *281officials, including John F. Toppeta who was designated to fill the recently created post of Public Defender.

By this motion it is sought to enjoin the defendant John F. Toppeta from continuing to perform the duties of Public Defender and to restrain the proper parties from paying him any salary.

The facts out of which this controversy arose, as far as pertinent to the decision of the matter, are as follows: John F. Toppeta was a Supervisor of the County of Schenectady whose term was to expire…