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LA POLLA v. DE SALVATORE

124 Misc.2d 788 (1984)

Louis D. La Polla, as Mayor of the City of Utica, Petitioner, v. Anthony De Salvatore et al., Respondents.

Supreme Court, Oneida County.

January 31, 1984

Attorney(s) appearing for the Case

Armond J. Festine, Corporation Counsel, for petitioner. Matthew R. Fletcher for Anthony De Salvatore, respondent. James J. Hage and Joseph K. Hage, III, for Frances Marino and others, respondents.

JOHN R. TENNEY, J.

Petitioner, Louis La Polla, was elected Mayor of Utica for a two-year term commencing January 1, 1984. During December, 1983, the losing Mayor made six appointments to various posts in city government. All the appointments were made to positions whose terms were to expire on December 31, 1983.

Petitioner brings this proceeding under CPLR article 78 seeking the removal of those individuals from office. This is not a proper proceeding...

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