Fiorella v. Glenzer

Appellate Division of the Supreme Court of New York

Fiorella v. Glenzer

126 A.D.2d 937, 511 N.Y.S.2d 711, 1987 N.Y. App. Div. LEXIS 42036

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

DecidedJanuary 23, 1987

StatusPublished

Cited by1 cases

This text of 126 A.D.2d 937 (Fiorella v. Glenzer) 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

Fiorella v. Glenzer, 126 A.D.2d 937, 511 N.Y.S.2d 711, 1987 N.Y. App. Div. LEXIS 42036 (N.Y. Ct. App. 1987).

Pincite

Opinion

—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 NY 585). (Appeal from judgment of Supreme Court, Chautauqua [938]*938County, Adams, J.—art 78.) Present—Dillon, P. J., Doerr, Denman, Pine and Lawton, JJ.

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—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 NY 585). (Appeal from judgment of Supreme Court, Chautauqua [938]*938County, Adams, J.—art 78.) Present—Dillon, P. J., Doerr, Denman, Pine and Lawton, JJ.

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Bluebook (online)

126 A.D.2d 937, 511 N.Y.S.2d 711, 1987 N.Y. App. Div. LEXIS 42036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiorella-v-glenzer-nyappdiv-1987.

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