Brunner v. Flessel

Appellate Division of the Supreme Court of New York

Brunner v. Flessel

104 A.D.2d 732, 480 N.Y.S.2d 640, 1984 N.Y. App. Div. LEXIS 20160

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 21, 1984

StatusPublished

This text of 104 A.D.2d 732 (Brunner v. Flessel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brunner v. Flessel, 104 A.D.2d 732, 480 N.Y.S.2d 640, 1984 N.Y. App. Div. LEXIS 20160 (N.Y. Ct. App. 1984).

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Opinion

Order unanimously reversed, without costs, and petition dismissed. Memorandum: Special Term erred in granting the petition to disqualify respondent from seeking the office of County Coroner, Second District, for the reason that his occupation was incompatible with the office sought.

There is no showing that respondent does not meet the constitutional or statutory qualifications of the office or that he is ineligible for any other reason (Election Law, § 6-122). The affidavits in the record do not provide a sufficient basis for holding that the Coroner’s office and respondent’s position as fireman are in fact incompatible. (Appeal from order of Supreme Court, Niagara County, Kuszynski, J. — Election Law, art 16.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Schnepp, JJ. (Decided Aug. 28, 1984.)

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Order unanimously reversed, without costs, and petition dismissed. Memorandum: Special Term erred in granting the petition to disqualify respondent from seeking the office of County Coroner, Second District, for the reason that his occupation was incompatible with the office sought.

There is no showing that respondent does not meet the constitutional or statutory qualifications of the office or that he is ineligible for any other reason (Election Law, § 6-122). The affidavits in the record do not provide a sufficient basis for holding that the Coroner’s office and respondent’s position as fireman are in fact incompatible. (Appeal from order of Supreme Court, Niagara County, Kuszynski, J. — Election Law, art 16.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Schnepp, JJ. (Decided Aug. 28, 1984.)

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Bluebook (online)

104 A.D.2d 732, 480 N.Y.S.2d 640, 1984 N.Y. App. Div. LEXIS 20160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunner-v-flessel-nyappdiv-1984.