MATTER OF ANDREWS v. NAGOURNEY


41 A.D.2d 778 (1973)

In the Matter of Robert L. Andrews, Appellant, v. James I. Nagourney, as City Manager of The City of Long Beach, et al., Respondents

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

March 29, 1973


Judgment reversed, on the law, without costs, and petition granted to the extent that respondents are prohibited from holding the special election scheduled for April 3, 1973 in its entirety.

The threshold question presented on this appeal concerns standing to sue. We are of the view that the dismissal of the petition by Special Term on the stated ground that petitioner is not a "party aggrieved" was improper. In addition to being a citizen and taxpayer of the City...

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