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IN THE MATTER OF ECK v. MAYOR OF VILLAGE OF ATTICA

28 A.D.3d 1195 (2006)

816 N.Y.S.2d 630

In the Matter of NATHAN J. ECK et al., Appellants, v. THE MAYOR OF THE VILLAGE OF ATTICA et al., Respondents.

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

April 28, 2006.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners commenced this proceeding pursuant to CPLR article 78 seeking to compel respondents to place their diminishment proposition on the ballot for the next election to be held. They contend on appeal that Supreme Court erred in refusing to compel respondents to do so, because the...

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