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MTR LA CLAIR v. CASWELL

112 Misc.2d 979 (1982)

In the Matter of Mary La Clair et al., Petitioners, v. Robert E. Caswell, as Clerk of the Oneida County Board of Legislators, et al., Respondents.

Supreme Court, Oneida County.

February 9, 1982

Attorney(s) appearing for the Case

Paul V. Noyes for petitioners. William S. Calli and Joseph A. Markason for Robert E. Caswell and another, respondents. Roger L. Dworsky for Andrew Trinkaus, respondent.

PARKER J. STONE, J.

Petitioners have commenced a special proceeding to review the invalidation of a petition for a permissive referendum on Local Law No. 7 of 1981 of Oneida County. The respondents have moved to dismiss the petition claiming that it is time barred by section 24 of the Municipal Home Rule Law in that petitioners failed to commence this special proceeding within 30 days of the filing of the petition. The respondents further move to dismiss...

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