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MATTER OF SEYMOUR v. CUOMO

180 A.D.2d 215 (1992)

In the Matter of Carl L. Seymour, as Supervisor of The Town of Northumberland, et al., Appellants, v. Mario M. Cuomo, as Governor of The State of New York, et al., Respondents

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

June 4, 1992

Attorney(s) appearing for the Case

Oliver & Oliver (Lewis B. Oliver Jr. of counsel), for appellants.

Robert Abrams, Attorney-General (Lawrence L. Doolittle and Nancy A. Spiegel of counsel), for respondents.

YESAWICH JR., CREW III, CASEY and HARVEY, JJ., concur.

WEISS, P. J.

Petitioners commenced this combined CPLR article 78 proceeding and action for a declaratory judgment to declare that Assembly Bill No. 9592-A, passed by the 1990 session of the Legislature, became law upon the inaction of respondent Governor within 10 days after delivery to him on July 19, 1990. Underlying petitioners' position is their belief that the procedure utilized by the Legislature in recalling...

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