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CITY OF BUFFALO v. LAWLEY

6 A.D.2d 66 (1958)

City of Buffalo, Plaintiff, v. James R. Lawley et al., Constituting The Board of Elections of the County of Erie, Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 19, 1958.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (Leonard Schoenborn of counsel), for plaintiff.

Elmer R. Weil, County Attorney (George M. Nelson and Wortley B. Paul of counsel), for defendants.

Louis J. Lefkowitz, Attorney-General (Matthew A. Tiffany and Paxton Blair of counsel), amicus curiæ.

All concur. Present — McCURN, P. J., KIMBALL, BASTOW, GOLDMAN and HALPERN, JJ.

HALPERN, J.

The question presented is whether a referendum with respect to the authorization of the playing of bingo in the city of Buffalo may be held at the general election on November 4, 1958.

Section 9 of article I of the New York State Constitution, as amended in 1957, provides in part that "any city, town or village within the state may by an approving vote of the majority of the qualified electors...

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