Kasperek v. Wilcox

The petitioner seeks an order in the nature of mandamus to compel the respondents to accept his oath of office and his appointment as an Oswego County Legislator for the First Ward of the City of Fulton. The parties have agreed that the court should overlook any procedural insufficiencies in the interest of an expeditious resolution of the controversy on its merits.

Gordon J. Goss, the County Legislator from the First Ward, elected for two years commencing January 1, 1974, resigned as of February 1, 1975. Claiming authority under the city charter the Mayor of Fulton appointed the petitioner to…