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  5. 47 A.D.2d 241 (1975)
 

NYDICK v. SUFFOLK CO. LEGIS.

47 A.D.2d 241 (1975)

Ira Nydick et al., Appellants, v. Suffolk County Legislature, Respondent In the Matter of The Suffolk County Legislature, Respondent, v. Hugh L. Carey, as Governor of The State of New York, et al., Appellants

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

April 16, 1975

Attorney(s) appearing for the Case

David C. Weisberg (John Armentano of counsel), for Ira Nydick and another, appellants.

Howard E. Pachman (Stanley S. Corwin and Alfred Jackson, Jr., of counsel), for Suffolk County Legislature, respondent.

Louis J. Lefkowitz, Attorney-General (Samuel Hirshowitz and Michael P. Fogarty of counsel), for Hugh L. Carey, appellant.

Donald E. Keinz, County Attorney (Rocco S. Mascaro of counsel), for County of Oneida, amicus curiae.

GULOTTA, P. J., RABIN, HOPKINS, MUNDER and SHAPIRO, JJ., concur.

Per Curiam.

On January 10, 1975, as a result of the resignation of Thomas Downey, a vacancy was created in the office of County Legislator for the Eleventh Legislative District, Suffolk County, New York. Immediately thereafter the Governor of the State of New York appointed Richard Lambert to fill the vacancy. By resolution adopted January 14, 1975 the Suffolk County Legislature appointed William E. Gerdts to fill...

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