People ex rel. Dawson v. Knox
| Decision Date | 30 April 1935 |
| Citation | 267 N.Y. 565,196 N.E. 582 |
| Parties | The PEOPLE of the State of New York ex rel. Dennis S. DAWSON, Appellant, v. John A. KNOX, as Clerk of the Board of Supervisors of the County of Albany, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (Dawson v. Knox, 231 App. Div. 490, 247 N. Y. S. 731), entered March 25, 1931, which reversed on the law and the facts a peremptory order of mandamus directing the clerk of the board of supervisors of Albany county to forward to the State Civil Service Commission a pay roll bearing the name of the appellant, as county attorney of Albany county, at an annual salary of $5,000 per year for 1928, 1929, and the months of January and February, 1930, and dismissed, upon new findings, the relator's petition. Section 210 of the County Law () provides that the board of supervisors in any county may appoint a county attorney for a term of two years, and that he may be removed for inefficiency, neglect of duty or misconduct in office, but only after notice and an opportunity to be heard. The relator was first appointed county attorney by a resolution of the board of supervisors of Albany county adopted on February 1, 1923, for part of an unexpired term, and was subsequently twice appointed for a full term of two years. The last appointment was by a resolution of the board adopted on January 12, 1926, providing for a term beginning on that date and ending on December 31, 1927. The board did not terminate or abolish the office of county attorney, relator was not removed therefrom, and no other person claimed such office until the present incumbent was appointed on March 25, 1931. The trial court held that the position of county attorney was a public office; that relator was a public officer within the meaning of section 5 of the Public Officers Law (Consol. Laws, c. 47), which provides in part that, ‘Every officer * * * shall, unless the office shall terminate or be abolished, hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified,’ and that his right to receive a salary followed as of course. The Appellate Division, in dismissing the relator's petition, made the following new finding: ‘That the position of county attorney of Albany county...
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Caraccilo v. Village of Seneca Falls, N.Y.
...(3d Dep't 1931) ("all those who are in the public employment are not public officials and do not hold public office"), aff'd 267 N.Y. 565, 196 N.E. 582 (1935); Ring v. Rodriguez, 141 Misc.2d 164, 167, 532 N.Y.S.2d 1009 (Supt. Ct. Albany Co.1988). A "public has been described as "an independ......
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Alvey v. Brigham
...Board of Com'rs of Butler County, 95 Ohio St. 157, 115 N.W. 919; Coulter v. Pool, 187 Cal. 181, 201 P. 120; Lentz v. Augusta, supra; Dawson v. Knox, supra; Kosek v. Wilkes-Barre Township, 314 Pa. 18, 170 279; Kingston Associates v. La Guardia, 246 A.D. 803, 285 N.Y.S. 19. After having read ......
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Alvey v. Brigham
...than taxes. Taking up first the status of the free public library by the city, we are impressed with the language used in Dawson v. Knox, 267 N.Y. 565, 196 N.E. 582, to the effect "that the line between a public office and public employment, has not been too clearly marked by judicial expre......
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Mandelkern v. City of Buffalo
...difference between public officers and public employees found in Matter of Dawson v. Knox, 231 App.Div. 490, 247 N.Y.S. 731, affd 267 N.Y. 565, 196 N.E. 582). ...