In re Village of Hempstead

Appellate Division of the Supreme Court of New York

In re Village of Hempstead

265 A.D. 819, 1942 N.Y. App. Div. LEXIS 5959

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

DecidedOctober 5, 1942

StatusPublished

Cited by2 cases

This text of 265 A.D. 819 (In re Village of Hempstead) 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

In re Village of Hempstead, 265 A.D. 819, 1942 N.Y. App. Div. LEXIS 5959 (N.Y. Ct. App. 1942).

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Opinion

[820]*820The honesty, integrity and good faith of the Commissioner are not questioned. A judicial proceeding, however, must not be open to the slightest suspicion. Here the Commissioner at the time of his appointment and the making and filing of his oath of office was acting as special counsel in certain tax certiorari proceedings wherein the same village that instituted this condemnation proceeding was concerned. Therefore it may not be said that he is disinterested within the language of the statute; and the fact that he resigned his office as special counsel to the village after taking his oath as a Commissioner of Estimate and after objection duly made by the property owner does not remove the disqualification. Hagarty, Carswell, Adel, Taylor and Close, JJ., concur.

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[820]*820The honesty, integrity and good faith of the Commissioner are not questioned. A judicial proceeding, however, must not be open to the slightest suspicion. Here the Commissioner at the time of his appointment and the making and filing of his oath of office was acting as special counsel in certain tax certiorari proceedings wherein the same village that instituted this condemnation proceeding was concerned. Therefore it may not be said that he is disinterested within the language of the statute; and the fact that he resigned his office as special counsel to the village after taking his oath as a Commissioner of Estimate and after objection duly made by the property owner does not remove the disqualification. Hagarty, Carswell, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

265 A.D. 819, 1942 N.Y. App. Div. LEXIS 5959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-village-of-hempstead-nyappdiv-1942.

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