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IN THE MATTER OF PARETE v. MALONEY

20 A.D.3d 712 (2005)

797 N.Y.S.2d 779

In the Matter of JOHN PARETE, Respondent, v. JAMES MALONEY, Appellant.

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

July 14, 2005.

Mugglin, J.

In this combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, petitioner seeks a judgment requiring respondent to immediately resign from either his elected position of Ulster County Legislator or his appointed position of Town Assessor for the Town of Ulster, claiming that the two positions are incompatible and cannot be simultaneously held by one individual. Further, petitioner seeks a judgment requiring respondent to return...

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