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FREEMAN v. LAMB

33 A.D.2d 331 (1970)

Hyman B. Freeman et al., Respondents, v. Frank T. Lamb et al., as Councilmen of The City of Rochester, Appellants, et al., Defendants

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

February 19, 1970.

Attorney(s) appearing for the Case

Hogan & Regan (John Manning Regan of counsel), for appellants.

Warren, Case, Weingartner, Yorks & Boomer (John B. McCrory of counsel), for Hyman B. Freeman and another, respondents.

John B. McCrory for Michael W. Roche, respondent.

GOLDMAN, P. J., DEL VECCHIO, WITMER, GABRIELLI and BASTOW, JJ., concur.

Per Curiam.

In November, 1969 four Republicans and one Democrat were elected to the five City of Rochester Councilmanic offices to be filled, which changed the composition of the Council after January 1, 1970 from six Democrats and three Republicans to five Republicans and four Democrats. It was then claimed that one of the successful Republican candidates, Michael W. Roche, may not have lived within the City of Rochester...

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