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Matter of Barber v. Lampman

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 600 (N.Y. App. Div. 1951)

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.


Summaries of

Matter of Barber v. Lampman

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 600 (N.Y. App. Div. 1951)
Case details for

Matter of Barber v. Lampman

Case Details

Full title:In the Matter of FRED L. BARBER, Appellant, against CLIFFORD LAMPMAN et…

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

Date published: Jan 10, 1951

Citations

278 App. Div. 600 (N.Y. App. Div. 1951)