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MATTER OF ELEFANTE v. HANNA

40 N.Y.2d 908 (1976)

In the Matter of Rufus P. Elefante, Appellant, v. Edward H. Hanna, as Mayor of the City of Utica, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1976.

Attorney(s) appearing for the Case

A. Thomas Longeretta for appellant.

Anthony J. Garramone for Edward H. Hanna and others, respondents.

Rocco Mascaro for Board of Elections of the County of Oneida, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to respondents, to the extent that the petition is dismissed. We do not agree with the holding that petitioner has not been guilty of laches. Certainly, from August 26, 1976, when the common council adopted the resolution approving the new city charter, and conceivably from December 11, 1975 when the Mayor held a public hearing and approved the...

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