| Matter of Mohr v Giambra |
| 2006 NY Slip Op 02083 [27 AD3d 1202] |
| Decided on March 17, 2006 |
| 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 March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
385 CA 05-00808
[*1]MATTER OF RALPH M. MOHR AND LAURENCE F. ADAMCZYK, AS COMMISSIONERS OF ELECTION CONSTITUTING ERIE COUNTY BOARD OF ELECTIONS AND, RESPECTIVELY, RESIDENT TAXPAYERS OF TOWN OF LANCASTER AND CITY OF BUFFALO, DENISE E. MARSHALL, AS MEMBER OF ERIE COUNTY LEGISLATURE REPRESENTING THE 5TH LEGISLATIVE DISTRICT AND RESIDENT TAXPAYER OF TOWN OF LANCASTER, NANCY A. NAPLES, AS COMPTROLLER OF COUNTY OF ERIE AND RESIDENT TAXPAYER OF TOWN OF HAMBURG, AND CHESTER C. PAWARSKI, RESIDENT TAXPAYER OF TOWN OF ELMA, PETITIONERS-RESPONDENTS, ORDER
v
JOEL A. GIAMBRA, AS COUNTY EXECUTIVE OF COUNTY OF ERIE, JOSEPH PASSAFIUME, DIRECTOR OF BUDGET, MANAGEMENT AND FINANCE FOR COUNTY OF ERIE, JOHN W. GREENAN, COMMISSIONER OF PERSONNEL FOR COUNTY OF ERIE, ERIE COUNTY LEGISLATURE AND COUNTY OF ERIE, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from a judgment (denominated judgment and order) of the Supreme Court, Erie County (John P. Lane, J.), entered January 4, 2005 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, declared that the provision in the amended budget adopted by respondent Erie County Legislature at the meeting convened on the December 7, 2004 and accepted by respondent County Executive, terminating positions held by four Republican senior election clerks at the Board of Elections, is contrary to article II, section 8 of the New York State Constitution and Election Law § 3-300.
MAGAVERN, MAGAVERN & GRIMM, L.L.P., BUFFALO (JAMES L. MAGAVERN OF COUNSEL), FOR RESPONDENTS-APPELLANTS.
RALPH M. MOHR, LANCASTER, PETITIONER-RESPONDENT PRO SE, AND FOR PETITIONERS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from be and
the same hereby is unanimously affirmed without costs.
[*2]
Entered: March 17, 2006
JoAnn M. Wahl
Clerk of the Court