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MATTER OF DWORSKY v. FARANO

41 N.Y.2d 780 (1977)

In the Matter of Steven G. Dworsky et al., Respondents, v. Dan G. Farano, as a Judge of the City Court of Troy, Appellant. Pat M. Casale et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1977.

Attorney(s) appearing for the Case

Donald C. Bowes, Corporation Counsel (Thomas V. Kenney, Jr., of counsel), Troy, for appellant.

Peter R. Kehoe, Troy, for intervenors-appellants.

Richard A. Hanft, Troy, for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

Section 2.00 of the Troy City Charter provides that in the event of the death of any city councilman, the vacancy thereby created shall be filled by the vote of the remaining members of the council and, in the event of a tie vote, the City Judge of the City of Troy shall cast the deciding vote. Prior to a special meeting of the city council called for the purpose of filling a vacancy created by the death...

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