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NYDICK v. SUFFOLK CO. LEGIS.

81 Misc.2d 786 (1975)

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

Supreme Court, Special Term, Suffolk County.

January 29, 1975

Attorney(s) appearing for the Case

David C. Weisberg for Ira Nydick and another, petitioners, and Richard Lambert, respondent. Howard E. Pachman, County Attorney (Alfred Jackson of counsel), for Suffolk County Legislature. Louis J. Lefkowitz, Attorney-General (Michael P. Fogarty of counsel), for Hugh L. Carey.

THOMAS M. STARK, J.

By petition verified on January 9, 1975, and superceded by an amended petition verified on January 20, 1975, petitioners Nydick and Lambert seek to prevent the Suffolk County Legislature from filling a vacancy which exists from the Eleventh Legislative District pursuant to section 206 of the Suffolk County Charter (L 1958, ch 278, as amd) on the ground that such section is unconstitutional and contrary to certain general laws of the...

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