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PETERSON v. CORBIN

275 A.D.2d 35 (2000)

713 N.Y.S.2d 361

GREGORY P. PETERSON, Respondent, v. ROGER H. CORBIN et al., Appellants.

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

September 25, 2000.

Attorney(s) appearing for the Case

Jaspan Schlesinger Hoffman, L. L. P., Garden City (Stanley Harwood, Stephen R. Schlesinger and Scott B. Fisher of counsel), and Frederick K. Brewington, Hempstead, for appellants. (One brief filed.)

Ryan & Brennan, L. L. P., Floral Park (John E. Ryan of counsel), for respondent.

THOMPSON and KRAUSMAN, JJ., concur with SULLIVAN, J.; GOLDSTEIN, J., and MANGANO, P.J., dissent and vote to affirm the order appealed from in a separate opinion by GOLDSTEIN, J.

OPINION OF THE COURT

SULLIVAN, J.

On this appeal, we must determine whether the defendant Roger H. Corbin, a Nassau County Legislator, should be preliminarily enjoined from voting on the appointment of members to the board of directors of the Nassau County Regional Off-Track Betting Corporation (hereinafter the Nassau OTB).

By order to show cause dated May 10, 2000, the plaintiff Gregory P. Peterson, the President of the Nassau OTB, commenced this...

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