Rivette v. Baker

This is an appeal from an order of the Special Term denying petitioner’s application for a peremptory order of mandamus compelling the respondents as Town Board of East Greenbush to appoint a Fire Commissioner to fill a vacancy. The facts do not appear to be disputed.

One Willard Bruen was elected a Fire District Commissioner at the annual election in December, 1939. He did not, however, comply with subdivision 5 of section 174 of the Town Law (Cons. Laws, ch. 62) which requires, in substance, that he take and file his constitutional oath of office before entering upon his duties. Bruen…