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Staniszewski v. Lackawanna Mun. Hous. Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 12, 1993
191 A.D.2d 1048 (N.Y. App. Div. 1993)

Summary

ruling on validity of appointment to five-year term for Lackawanna Municipal Housing Authority

Summary of this case from In Matter of Brown v. Foster

Opinion

March 12, 1993

Appeal from the Supreme Court, Erie County, Joslin, J.

Present — Pine, J.P., Balio, Lawton, Boomer and Davis, JJ.


Judgment insofar as appealed from unanimously reversed on the law with costs and petition granted. Memorandum: Petitioner Kathleen Staniszewski, Mayor of the City of Lackawanna, contends that Supreme Court erred in annulling her determination that the position held by respondent Francis Anticoli as a member of respondent Lackawanna Municipal Housing Authority was vacant and in failing to uphold her appointment of petitioner Gerald Schenk to that position. We agree. On January 11, 1988, Anticoli was appointed to the Authority for a term expiring on November 15, 1989. On November 15, 1989 Anticoli was reappointed to a five-year term. On December 26, 1989 Anticoli took and filed his oath of office for his reappointment. Staniszewski, on June 19, 1992, notified Anticoli that, because he did not file his oath of office within 30 days of his reappointment, she was declaring his position vacant. On that same date Staniszewski appointed Schenk to serve as a member of the Authority for the remainder of Anticoli's term.

Because Anticoli failed to file his oath of office within 30 days of his reappointment as required by section 30 Pub. Off. of the Public Officers Law, his appointment was vitiated and his office became vacant (see, Matter of Comins v. County of Delaware, 66 A.D.2d 966; Boisvert v. County of Ontario, 89 Misc.2d 183, 186, affd 57 A.D.2d 1051; see also, Ginsberg v. City of Long Beach, 286 N.Y. 400, 403; People ex rel. Walton v. Hicks, 221 N.Y. 503). Because of his failure to file timely his oath of office, Anticoli's status became that of a holdover until his successor was chosen and qualified (Boisvert v. County of Ontario, supra, at 186-187). Staniszewski therefore properly determined that Anticoli's position as a member of the Lackawanna Municipal Housing Authority was vacant and acted within the scope of her authority by appointing Schenk to that position pursuant to Public Housing Law § 34.


Summaries of

Staniszewski v. Lackawanna Mun. Hous. Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 12, 1993
191 A.D.2d 1048 (N.Y. App. Div. 1993)

ruling on validity of appointment to five-year term for Lackawanna Municipal Housing Authority

Summary of this case from In Matter of Brown v. Foster

housing authority member failed to file oath of office within 30 days of his reappointment as required by Public Officers Law § 30 and thus appointment was vitiated and his status became that of a holdover until his successor was chosen and qualified

Summary of this case from In Matter of Brown v. Foster
Case details for

Staniszewski v. Lackawanna Mun. Hous. Auth

Case Details

Full title:KATHLEEN M. STANISZEWSKI, as Mayor of the City of Lackawanna, et al.…

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

Date published: Mar 12, 1993

Citations

191 A.D.2d 1048 (N.Y. App. Div. 1993)
595 N.Y.S.2d 160

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