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MTR. OF DEATS v. CARPENTER

61 A.D.2d 320 (1978)

In the Matter of James J. Deats, Petitioner, v. George H. Carpenter et al., Respondents

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

March 9, 1978

Attorney(s) appearing for the Case

Donald A. Levinger for petitioner.

Burns & O'Mara (John F. O'Mara of counsel), for George H. Carpenter, respondent.

Sayles, Evans, Brayton, Palmer & Tifft (James F. Young of counsel), for Samuel E. Criss and others, respondents.

Thomas J. Spargo for Jacqueline P. Baker, respondent.

SWEENEY, J. P., KANE and HERLIHY, JJ., concur; STALEY, JR., J., not taking part.

LARKIN, J.

On December 14, 1976, a petition was filed with the Town Board of the Town of Southport, Chemung County, pursuant to the provisions of section 81 of the Town Law seeking a special town election to increase the number of councilmen from four to six, and to establish the ward system for election in the town (Town Law, § 81, subd 2, pars [a], [b]). On December 28, 1976, the town adopted a resolution...

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