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ROCHE v. LAMB

33 A.D.2d 1102 (1970)

Michael W. Roche, Respondent, v. Frank T. Lamb et al., as Members of The Common Council of the City of Rochester, Appellants, and Stephen May et al., as Members of The Common Council of the City of Rochester, et al., Respondents

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

February 19, 1970

Appeal unanimously dismissed as moot, without costs.

Memorandum:

The judgment appealed from prohibited the 1969 Council of the City of Rochester from conducting a hearing concerning the qualification of Councilman-elect Michael W. Roche to serve on the City Council to be organized on January 2, 1970, and also directed the City Clerk to accept Mr. Roche's oath of office as Councilman when offered to him for filing. The provisions of section 5-5 of the City...

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