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MATTER OF HOSLEY v. CURRY

207 A.D.2d 116 (1995)

In the Matter of M. John Hosley, Jr., Appellant, v. James T. Curry, Individually and as Hamilton County District Attorney, Respondent

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

January 5, 1995

Attorney(s) appearing for the Case

Lustberg & Ferretti, Glens Falls (Joan M. Ferretti of counsel), for appellant.

Michael L. Breen, Middleburgh, for respondent.

CARDONA, P. J., MERCURE and WHITE, JJ., concur.

PETERS, J.

The primary issue raised on appeal is whether respondent meets the constitutional test of residency such that he qualifies to serve as the Hamilton County District Attorney. Respondent was raised in the Town of Indian Lake, Hamilton County, and was first elected Hamilton County District Attorney in 1981. He resigned in 1985 and moved to Rensselaer County, but continued to vote in Hamilton County....

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