Amato v. Epstein

Appeal from an order of the Supreme Court which dismissed the petition in a proceeding seeking, among other things, “an order declaring that a vacancy occurred” in the office of Alderman of one of the wards in the City of Kingston, by reason of the resignation of the incumbent, and “compelling” the respondent Board of Elections “to hold an election to fill the said vacancy

The Special Term erred, in our view (and as appellants now concede), in holding that the provisions of the Public Officers Law (§ 31, subd. 1, par. h; §§ 2, 3 [L. 1892, ch. 681, § 21]) control as against the provisions of…