Appellate Division of the Supreme Court of the State of New York June 2, 1933 (In re Luce)

lead-opinion

Crosby, J.

This is a proceeding brought to remove Alfred F. Beiter as supervisor of the town of Amherst, Erie county, under section 36 of the Public Officers Law, the claim being, in substance, that by being elected to Congress, and by accepting the office of Congressman, he has placed himself in a position where he is practically compelled to neglect his duties as supervisor.