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LONGWAY v. JEFFERSON COUNTY

83 N.Y.2d 17 (1993)

628 N.E.2d 1316

607 N.Y.S.2d 606

Lawrence C. Longway, Individually and as Supervisor of the Town of Pamelia, et al., Plaintiffs, v. Jefferson County Board of Supervisors et al., Defendants.

Court of Appeals of the State of New York.

Decided December 16, 1993.

Attorney(s) appearing for the Case

Rosen & Rosen, Monticello (William C. Rosen of counsel), for plaintiffs.

Felt, Hubbard & Bogan, Utica (James R. Griffith of counsel), for defendants.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and LEVINE concur.

SMITH, J.

The issue in this case, upon a certified question to this Court from the United States Court of Appeals for the Second Circuit, is whether the term "`population'", defined by Municipal Home Rule Law § 10 (1) (ii) (a) (13) (c) as "`residents, citizens, or registered voters', * * * necessarily excludes transients, such as military personnel, incarcerated felons, and occupants of group homes." (

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