Scriven v. Wade

Cardona, P. J. (dissenting).

I respectfully dissent. Public Officers Law § 31 in pertinent part provides: "1. Public Officers may resign their offices as follows: * * * g. Every town officer, to the town clerk” (emphasis supplied).

In my opinion, as a town officer (see, Town Law §20 [5]), Joan Rasmussen was entitled to rely on the plain wording of the statute to effect her resignation and properly did so when she filed a copy of her resignation letter in the official repository within the Brunswick Town Clerk’s office where resignations by Town officials are kept. Although not necessary, she…