New York Court of Appeals

In the Matter of M. John Hosley, Jr., Respondent v. James T. Curry

April 4, 199585 N.Y.2d 447

Summary

The New York Court of Appeals reversed the Appellate Division, holding that James T. Curry remained a resident of Hamilton County for purposes of the Public Officers Law §§ 3 and 30 and therefore is qualified to serve as District Attorney. The Court affirmed that the petitioner bears the burden of clear and convincing evidence to prove a change of domicile, which was not satisfied.