MATTER OF ROCHE v. LAMB


26 N.Y.2d 544 (1970)

In the Matter of Michael W. Roche, Respondent, v. Frank T. Lamb et al., as Members of the Common Council of the City of Rochester, Appellants, et al.

Court of Appeals of the State of New York.

Decided June 3, 1970.


Attorney(s) appearing for the Case

John Manning Regan for appellants.

John B. McCrory for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Judge BURKE taking no part.


Per Curiam.

The question presented is whether an outgoing legislative body, whose members were elected on a staggered basis, has power to challenge the residence qualifications of a member-elect of the incoming council.

Appellants, some of whom were members of the Common Council of the City of Rochester for terms ending December 31, 1969 and on that date ceased to be members, when, too, the political complexion...

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