Stetter v. Town Board of Amherst

Judgment reversed, without costs, and petition dismissed. Memorandum: On March 10, 1958 the Town Board of Amherst by resolution created the position of Deputy Supervisor pursuant to section 42 of the Town Law. Petitioner Stetter was appointed to fill .this post on January 4, 1974. A newly-elected seven member town board at its organizational meeting on January 7, 1974 abolished the position of Deputy Supervisor by resolution adopted by a vote of six to one. Special Term annulled this legislative act. We hold that this was error. As stated in section 2 of McKinney’s statutes (McKinney’s Cons.…