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DORFMAN v. BERMAN

186 Misc.2d 415 (2000)

718 N.Y.S.2d 142

JOHN E. DORFMAN, Plaintiff, v. CAROL BERMAN, as Commissioner of New York State Board of Elections, et al., Defendants.

Supreme Court, Albany County.

November 1, 2000.

Attorney(s) appearing for the Case

John E. Dorfman, plaintiff pro se, and Bohl, Della Rocca & Dorfman, P. C., Albany for plaintiff.

Todd D. Valentine, Albany, for Carol Berman, defendant.

Michael Lynch, County Attorney, for Albany County Board of Elections and another, defendants.

Roche, Corrigan, McCoy & Bush, Albany (Robert P. Roche of counsel), for Paul Clyne, defendant.

Tabner, Ryan & Keniry, Albany (John W. Tabner of counsel), for Paul Der Ohannesian, defendant.

Walter, Thayer & Mishler, P. C., Albany (Lanny E. Walter of counsel), for Mark Mishler, defendant.

OPINION OF THE COURT

THOMAS J. MCNAMARA, J.

In September 2000 the District Attorney in Albany County submitted his resignation effective September 19, 2000. Public Officers Law § 42 (1) provides that if a vacancy occurs before September 20 in an office authorized to be filled at a general election the office shall be filled at the next general election. The resignation of a District Attorney creates a vacancy in that office (Public Officers Law §...

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