Opinion
January 10, 1951.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Coon, JJ. [ 198 Misc. 135.] [See post, p. 727.]
Appellant contends that he was a local public officer and could only be removed pursuant to the provisions of section 36 Pub. Off. of the Public Officers Law. The appointment of a chief engineer for a fire department in a fire district is provided for in paragraph 11-a of section 176 Town of the Town Law, and his duties are prescribed in section 176-a of the same statute. He acts under the direction of the board of fire commissioners of the fire district. A chief engineer is not named as an officer of a fire district anywhere in the statute. The Special Term held that appellant, as chief engineer, was a public employee but not a public officer, and there are no statutory requirements required to be followed to effect his removal. Order unanimously affirmed, without costs.