IN THE MATTER OF M. JOHN HOSLEY, JR., RESPONDENT, v. JAMES T. CURRY,
INDIVIDUALLY AND AS HAMILTON COUNTY DISTRICT ATTORNEY, APPELLANT.
85 N.Y.2d 447, 649 N.E.2d 1176, 626 N.Y.S.2d 32 (1995).
April 4, 1995
3 No. 85 (1995 NY Int. 080)
Decided April 4, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Alan J. Pierce, for Appellant.
Joan M. Ferretti, for Respondent.
LEVINE, J.:
Petitioner commenced this proceeding seeking an order disqualifying
respondent from acting in the capacity of Hamilton County District
Attorney for failing to satisfy the residency requirements of Public
Officers Law §§ 3 and 30. A hearing was held at which petitioner
produced three witnesses. The first testified that he had served
respondent with the subject petition in the evening at a residence in
Warren County, and that respondent was in his nightclothes at the
time. The second witness, a Town Justice of the Town of Wells,
testified that he kept respondent's phone numbers in his address book,
which included two numbers in Warren County.
Respondent was then called and examined as to his residency. He
testified that he was raised in the Town of Indian Lake, Hamilton
County, until he left the area in 1960 to attend private school in
Lenox, Massachusetts and college at University, during which period he
claimed Hamilton County as his residence. In 1968, respondent joined a
Jesuit religious order in Massachusetts, and thereafter studied at the
New England School of Law in Boston from 1974 through 1978. Respondent
first registered to vote in Hamilton County in 1969, and voted in the
1970 and 1971 elections. During part of the period he was in
Massachusetts, respondent registered and voted in that State.
In 1978, after graduating from law school, respondent moved back to
Indian Lake in Hamilton County and reenrolled as a registered voter
there. In 1980, respondent secured employment in Saratoga Springs and
lived at home with his wife in Glens Falls, Warren County, while
maintaining his voter registration at Indian Lake. In 1981, respondent
successfully ran for Hamilton County District Attorney for the first
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
Joan M. Ferretti, for Respondent.
Petitioner commenced this proceeding seeking an order disqualifying respondent from acting in
The first testified that he had served respondent with the subject petition in the evening at
He testified that he was raised in the Town of Indian Lake, Hamilton County, until he left
In 1980, respondent secured employment in Saratoga Springs and lived at home with his wife in
In 1981, respondent successfully ran for Hamilton County District Attorney for the first
At that time, respondent again changed his registration to the home in Indian Lake, and
Prior to that election, the Hamilton County Board of Elections rejected a challenge to
The Appellate Division reversed, on the law and the facts, holding that respondent was not a
This Court granted leave to appeal, and we now reverse.
The terms "resident" and "inhabitant" in these provisions are properly understood to be
of Elections, 31 NY2d 36, 47 ("residence" in Election Law also treated as synonymous with
For a change to a new domicile to be effected, there must be a union of residence in fact and
"Mere change of residence although continued for a long time does not effect a change of
As noted above, evidence of respondent's move to Warren County alone is insufficient to
Chief Judge Kaye and Judges Simons, Titone, Bellacosa and Ciparick concur.
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