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MATTER OF FELICE v. SWEZEY

200 Misc. 875 (1951)

In the Matter of Louis F. Felice, Petitioner, v. John R. Swezey, as Mayor of The Village of Patchogue, et al., Respondents. In the Matter of Louis Cario, Petitioner, v. John R. Swezey, as Mayor of The Village of Patchogue, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

September 28, 1951.

Attorney(s) appearing for the Case

Griffing & Smith for Louis F. Felice, petitioner in Action No. 1 and respondent in Action No. 2.

Harold Ashare for Louis Cario, petitioner in Action No. 2, and for John R. Swezey and others, respondents.

DALY, J.

On March 26, 1951, George Fiala resigned his office as trustee of the Village of Patchogue. Since the vacancy occurred otherwise than by expiration of his term, the board of trustees had the power to fill the vacancy and did so on the same day, appointing the petitioner Felice. Fiala's term would have expired in April, 1952. The question presented by these two proceedings under article 78 of the Civil...

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