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MATTER OF MOHR v. GREENAN

10 Misc.3d 610 (2005)

803 N.Y.S.2d 876

In the Matter of RALPH M. MOHR et al., Constituting the Erie County Board of Elections, Petitioners, v. JOHN GREENAN, as Commissioner of the Erie County Department of Personnel, et al., Respondents.

Supreme Court, Erie County.

August 31, 2005.

Attorney(s) appearing for the Case

Frederick A. Wolf, County Attorney (George M. Zimmerman and Kristin Klein Wheaton of counsel), for John Greenan and others, respondents.

Magavern, Magavern & Grimm, LLP (James Magavern of counsel), for Erie County Legislature, respondent.

Mark M. Jasen for petitioners.

OPINION OF THE COURT

JOHN P. LANE, J.

In this CPLR article 78 proceeding, petitioners, the Commissioners of Elections of Erie County, seek an order:

(1) compelling respondents John Greenan, Erie County Commissioner of Personnel, Joel A. Giambra, Erie County Executive, the County of Erie and the Erie County Legislature to provide adequate funding to conduct the business of the Board of Elections in 2005;

(2) prohibiting respondents from acting...

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