MTR. OF LAMENDOLA v. WARNER


181 Misc.2d 1024 (1999)

696 N.Y.S.2d 668

In the Matter of NINFA LAMENDOLA et al., Petitioners, v. RICHARD A. WARNER, as Town Clerk of the Town of Gates, Monroe County, Respondent, and JOHN B. CLINE et al., Intervenors.

Supreme Court, Monroe County.

September 24, 1999.


Attorney(s) appearing for the Case

Thomas J. Spargo for petitioners.

Shapiro & DiCaro, L. L. P. (John A. DiCaro of counsel), for respondent.

Bansbach, Zoghlin, Wicks & Wahl, P. C. (Mindy L. Zoghlin of counsel), for intervenors.


OPINION OF THE COURT

JOHN J. ARK, J.

This proceeding was commenced by order to show cause dated September 13, 1999, 13 days after the referendum petition was filed in the office of the Town Clerk. At oral argument on September 17, 1999, the intervenors conceded that the referendum petition was fatally defective for the reasons set forth in the objectors' petition. Regardless, the intervenors argue that the fatal defects are irrelevant since both the objectors...

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