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ORLANDO v. BD. OF SUPERVISORS

53 Misc.2d 377 (1966)

James Orlando et al., Plaintiffs, v. Board of Supervisors of Genesee County et al., Defendants.

Supreme Court, Genesee County.

July 19, 1966

Attorney(s) appearing for the Case

George E. Schaefer, Jr., for plaintiffs. Lawrence H. Schultz, Jr., for City of Batavia, defendant. Albert E. Avery for Board of Supervisors of Genesee County, defendant. Louis J. Lefkowitz, Attorney-General (Herbert H. Smith and Robert W. Imrie of counsel), for State of New York, defendant.

WILLIAM B. LAWLESS, J.

Plaintiffs seek summary judgment pursuant to CPLR 3212 in their action for declaratory judgment which attacks, on constitutional grounds, the present apportionment of the Genesee County Board of Supervisors. In the action plaintiffs contend that the board as presently constituted violates the equal protection clause of the Fourteenth Amendment to the United States Constitution and comparable sections of the New York Constitution...

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