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SPENCER v. CRISTO

231651.

27 Misc.3d 334 (2010)

893 N.Y.S.2d 761

JEFFREY ALLEN SPENCER et al., Plaintiffs, v. MICHAEL P. CRISTO, JR., et al., as Town Councilmen for the Town of East Greenbush and as County Legislators-Elect to the Rensselaer County Legislature for District 2, et al., Defendants. JANICE LIBERTY et al., Plaintiffs, v. LOUIS DESSO, as Town Councilman for the Town of North Greenbush and as County Legislator for Rensselaer County Legislature District 2, et al., Defendants.

Supreme Court, Rensselaer County.

Decided January 22, 2010.

Attorney(s) appearing for the Case

James E. Long , Albany, for plaintiffs.

David L. Gruenberg , Troy, for Michael P. Cristo, Jr. and others, defendants.

Henry Bauer , Albany, for Louis Desso, defendant.

Stephen A. Pechenik , County Attorney, Troy, for Rensselaer County, defendant.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

By companion orders to show cause (Hummel, J.) signed January 4, 2010, plaintiffs seek a declaratory judgment precluding the defendant candidates from holding the dual offices of Rensselaer County Legislator and Town Councilman. The three defendant candidates, Cristo, Danaher and Desso were each elected to the office of Rensselaer County Legislator at the November 2009 general election. Each candidate also serves...

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