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MTR. OF LEVY v. MAKOWSKI

75 Misc.2d 628 (1973)

In the Matter of Stewart M. Levy et al., Petitioners, v. Stanley M. Makowski, as Mayor of the City of Buffalo, et al., Respondents.

Supreme Court, Erie County.

October 1, 1973

Attorney(s) appearing for the Case

J. Edmund De Castro, Jr. (David J. Mahoney, Jr., Edward J. Murty, Jr. and Frank T. Gaglione of counsel), for petitioners. Anthony Manguso, Corporation Counsel (William E. Carey of counsel), for respondents.

ROGER T. COOK, J.

Petitioners are Stewart M. Levy, candidate for Mayor of the City of Buffalo, and Albert J. Fitzgibbons, candidate for Associate Judge of the Buffalo City Court. They seek to annul an enactment of the Buffalo Common Council and the incumbent Mayor Stanley M. Makowski which creates a 13th judgeship for the City Court of Buffalo.

They also seek an order restraining the Board of Elections...

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