MATTER OF BIVONA v. SUFFOLK


91 A.D.2d 223 (1983)

In the Matter of Anthony J. Bivona, Individually and on Behalf of All Other Residents of The 18th Legislative District of the County of Suffolk Similarly Situated, et al., Appellants, v. County of Suffolk et al., Respondents. (And Another Action.)

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

January 24, 1983


Attorney(s) appearing for the Case

Patrick Kevin Brosnahan, Jr. (Anthony J. Bivona, pro se, Jane R. Devine, pro se, Ira M. Hariton, John Foley, Wayne Prospect, Philip Nolan and Sally O'Hearn of counsel), for appellants.

David J. Gilmartin, County Attorney (Anton J. Borovina of counsel), for respondents.

MANGANO, J. P., GULOTTA, BRACKEN and NIEHOFF, JJ., concur.


Per Curiam.

The instant proceeding was instituted by petitioners pursuant to CPLR article 78 in the nature of mandamus seeking to compel the respondents Suffolk County Executive, Suffolk County Clerk and Presiding Officer of the Suffolk County Legislature to immediately call, i.e., choose a date for, a special election to fill a vacancy in the 18th Legislative District of the Suffolk County Legislature.

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