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PHELAN v. CITY OF BUFFALO

54 A.D.2d 262 (1976)

John J. Phelan et al., Individually and on Behalf of All Others Similarly Situated, Respondents, v. City of Buffalo, Appellant

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

November 12, 1976

Attorney(s) appearing for the Case

Leslie G. Foschio, Corporation Counsel (Carl Tronolone of counsel), for appellant.

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (John J. Phelan of counsel), for respondents.

CARDAMONE, J. P., MAHONEY, GOLDMAN and WITMER, JJ., concur.

DILLON, J.

Plaintiff Phelan became a resident of the City of Buffalo in June, 1974 and was lawfully a candidate for the city-wide office of President of the Common Council in the November, 1974 election. He was defeated. Local Law No. 1 (1975) of the City of Buffalo, effective January 7, 1975, provides, inter alia, that: "No person shall be eligible for election or appointment as a successor to the office...

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