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YATAURO v. MANGANO

6898-2011.

32 Misc.3d 838 (2011)

927 N.Y.S.2d 868

2011 NY Slip Op 21253

DIANE YATAURO et al., Individually, as Duly Registered Voters of the County of Nassau, and in Their Official Capacity as Members of the Nassau County Legislature, Petitioners/ Plaintiffs, v. EDWARD P. MANGANO, as Nassau County Executive, et al., Respondents/Defendants.

Supreme Court, Nassau County.

Decided July 21, 2011.

Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Garden City ( Steven R. Schlesinger and Hale Yazicioglu of counsel), and David J. Gugerty , Mineola, for petitioners/plaintiffs.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola ( Peter A. Bee and William C. DeWitt of counsel), John Ciampoli , County Attorney, Mineola, and Christopher J. Ostuni , Mineola, for Edward P Mangano and others, respondents/defendants.

Thomas J. Garry , Mineola, for William T. Biamonte, respondent/defendant.

John E. Ryan , Floral Park , for Louis G. Savinetti, respondent/defendant.

OPINION OF THE COURT

STEVEN M. JAEGER, J.

Introduction

As more fully set forth herein, the court has converted the petitioners' motion for declaratory and injunctive relief in the order to show cause dated May 31, 2011 (motion sequence No. 2) to one for summary judgment on the first cause of action for declaratory and injunctive relief in the second amended verified petition/complaint. Petitioners therein seek judgment declaring that...

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