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In re Buhler

43 Misc. 140 Court N.Y. Sup. Ct. English

Delivered by Gaynor, J.:

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Majority

p. 140
Matter of the Petition of John Buhler for a Writ of Mandamus.
(Supreme Court, Kings Special Term for Motions,
March, 1904.)

Headnote

Office — Status and qualifications of local public officer of a county.
To be eligible to a local public office one must be a resident of the political subdivision for which he shall be chosen, and his office becomes vacant when he ceases to be such resident.
Application for a writ of mandamus against Hon. Burt J ay Humphries, County Judge of Queens County, to compel him to reinstate the petitioner in the office of crier .to the courts of record in the said county, and to permit him to perform the duties of'the said office.
Thomas F. Magner for application.
John B. Merrill opposed.

The petitioner was appointed crier of the courts of record of Queens county by the County Judge, under section 91 of the Code of Civil Procedure, and served as such until January 2nd, 1904, when he was removed without charges by the respondent, who is County Judge. He was a public officer (Throop on Pub. Officers, ch. 1; Rowland v. Mayor, 83 N. Y. 372 ). He claims that he is irremovable except on charges and after a hearing because he is a veteran fireman. But he is ineligible to the office. He does not reside in Queens county but in ¡Nassau county. He was a resident of Queens county when appointed, but in that part of it which was afterwards set off as ¡Nassau county, and he resides in the same place still. By section 3 of the Public Officers Law no person is capable of holding a local office unless he be a resident of the municipal corporation or local subdivision within which his official functions are to be exer

p. 141
cised; and by section 20 the office becomes vacant by his ceasing to be such resident (People ex rel. Grogan v. Glass, 19 App. Div. 454 ).

The application is denied without costa.

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