Hyperlawhypertext legal database Brunner v. Flessel 104 A.D.2d 732

← Cases

Brunner v. Flessel

104 A.D.2d 732 Court N.Y. App. Div. Decision date 1984-09-21 English

Contents

Majority

p. 732
William Brunner, Jr., Respondent, v Alfred E. Flessel, Appellant, and James W. Sobcyzk et al., Constituting the Committee on Vacancies, and Perry Chambers et al., Constituting the Board of Elections of the County of Niagara, Respondents.

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.)

Statutes and regulations cited