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MATTER OF MOHR v. GIAMBRA

7 Misc.3d 723 (2005)

791 N.Y.S.2d 351

In the Matter of RALPH H. MOHR et al., as Commissioners of Election, Constituting the Erie County Board of Elections, et al., Petitioners, v. JOEL A. GIAMBRA, as County Executive of the County of Erie, et al., Respondents.

Supreme Court, Erie County.

February 9, 2005.

Attorney(s) appearing for the Case

Ralph H. Mohr, petitioner pro se, and for Laurence F. Adamczyk and others, petitioners.

Richard C. Pawarski for Chester Pawarski, petitioner.

Frederick A. Wolf, County Attorney (James L. Tuppen of counsel), Harter, Secrest & Emery, LLP (Kenneth W. Africano and John G. Horn of counsel), and Magavern, Magavern & Grimm, LLP (James L. Magavern and Aven Rennie of counsel), for respondents.

OPINION OF THE COURT

JOHN P. LANE, J.

The process for managing the Erie County budget for 2005 continues to be the subject of litigation between the elections commissioners and other county officials, all in their official capacities and as citizen-taxpayers against the County Executive, his budget director and personnel commissioner, the county legislature and the County of Erie. Previously, this court severed the claim made by the election commissioners...

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