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MILHIM v. CLARKE

140 Misc.2d 1092 (1988)

In the Matter of George Milhim, as Mayor of the Incorporated Village of Hempstead, Petitioner, v. Lance Clarke et al., as Members of the Board of Trustees of the Incorporated Village of Hempstead, Respondents.

Supreme Court, Nassau County.

August 23, 1988

Attorney(s) appearing for the Case

Cullen & Dyckman for petitioner. Allen Morganstern, Axelrod Cornachio & Famighetti and Edward T. O'Brien, County Attorney, for respondents.

JOHN S. LOCKMAN, J.

Proceeding pursuant to CPLR article 78 to declare a resolution enacted by the Board of Trustees of the Incorporated Village of Hempstead (the Board) null and void as being illegal and ultra vires, and to prohibit the Board from appointing Edward R. Graham as Chief of Police is denied in its entirety, the temporary stay is lifted, and the petition is dismissed. Application by George Petri, President of the Hempstead P.B.A., is granted...

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