Matter of Polanski v Lackawanna Mun. Hous. Auth.
2005 NY Slip Op 07209 [21 AD3d 1441]
Decided on September 30, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.

1166 CA 05-00798

[*1]MATTER OF NORMAN L. POLANSKI, JR., MAYOR OF CITY OF LACKAWANNA, RALPH D. MIRANDA AND THELMA GLOVER, PETITIONERS-APPELLANTS, ORDER

v

LACKAWANNA MUNICIPAL HOUSING AUTHORITY, JOHN D. BOZICH, JOHN SHAW AND MARY L. RODRIGUEZ, RESPONDENTS-RESPONDENTS.



Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 10, 2004. The judgment dismissed the petition for, inter alia, a declaration that the positions held by the individual respondents are vacant.


RICHARD S. JUDA, JR., CITY ATTORNEY, LACKAWANNA, FOR PETITIONERS-APPELLANTS.
DAVID GERALD JAY, BUFFALO, FOR RESPONDENTS-RESPONDENTS.



It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court