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NIES v. BD OF EDUC

89 Misc.2d 1026 (1976)

Nancy M. Nies et al., Plaintiffs, v. Buffalo Board of Education et al., Defendants.

Supreme Court, Erie County.

December 23, 1976

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Carmen R. Putrino of counsel), for plaintiffs. Leslie G. Foschio, Corporation Counsel (Anthony Vaccaro of counsel), for Buffalo Board of Education, defendant. William Diggins for Board of Elections of Erie County, defendant. Benzow, Finck, Handel, Barrett & Owens (Richard M. Handel of counsel), for David Kelly, defendant. Tenney, Smith & Scott (Richard B. Scott of counsel), for Dennis Bulera, defendant.

JOSEPH J. SEDITA, J.

Plaintiffs seek a permanent injunction restraining the defendant board of elections from certifying the results of the election of members to the Buffalo Board of Education conducted November 2, 1976 and declaring David Kelly and Dennis Bulera as winners and duly elected members of the Buffalo Board of Education. They also seek a declaratory judgment as to the provisions of section 2553...

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