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IN THE MATTER OF KOVACS v. SIMMONS

23 A.D.3d 803 (2005)

803 N.Y.S.2d 801

In the Matter of JOSEPH J. KOVACS et al., Respondents, v. JAMES SIMMONS et al., Appellants.

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

November 10, 2005.

Mercure, J.

In 1989, the Town of Ulster Library Special Legislative District was formed pursuant to an enabling statute that provided for a nine-member board of trustees, with three seats on the board to be held open for election each year and members elected to serve three-year terms (see L 1989, ch 211). At a September 2004 election to choose three trustees to serve the term beginning October 1, 2004 and ending September 30, 2007, the official paper ballot...

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