Holzberger v. Schoentag

John H. Galloway, Jr., J.

In this proceeding under article 78 of the CPLR, petitioners seek an order in the nature of mandamus removing the respondent from the office of Supervisor of the Town of Beekman, Dutchess County, on the ground that he is not a resident elector of said town in accordance with section 23 of the Town Law.

It appears from the pleadings and supporting papers that respondent was .re-elected to the office of Supervisor for a fifth two-year term in the general election of November, 1965, to commence January 1, 1966. Petitioners allege that he was not a resident elector of the…