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Matter of Fiorella v. Glenzer

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 23, 1987
126 A.D.2d 937 (N.Y. App. Div. 1987)

Opinion

January 23, 1987

Appeal from the Supreme Court, Chautauqua County, Adams, J.

Present — Dillon, P.J., Doerr, Denman, Pine and Lawton, JJ.


Judgment unanimously affirmed, without costs. Memorandum: Petitioner was not reappointed to his position as Chautauqua County Social Services Commissioner when his term expired on May 13, 1986. The County Executive appointed Donald C. Carlson as Acting Commissioner. Petitioner contends that pursuant to Public Officers Law § 5 he is entitled to hold over in office until a permanent successor is chosen, confirmed and qualified. There is no merit to that argument. An Acting Commissioner constitutes a successor within the meaning of Public Officers Law § 5 (see, People ex rel. Ewell v. Robson, 253 App. Div. 127, affd 278 N.Y. 585).


Summaries of

Matter of Fiorella v. Glenzer

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 23, 1987
126 A.D.2d 937 (N.Y. App. Div. 1987)
Case details for

Matter of Fiorella v. Glenzer

Case Details

Full title:In the Matter of CHARLES V. FIORELLA, Appellant, v. JOHN A. GLENZER, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 23, 1987

Citations

126 A.D.2d 937 (N.Y. App. Div. 1987)

Citing Cases

Informal Opinion No

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