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SARATOGA CITIZEN v. FRANCK

513458.

95 A.D.3d 172 (2012)

941 N.Y.S.2d 356

2012 NY Slip Op 2556

In the Matter of SARATOGA CITIZEN, INC., et al., Respondents, v. JOHN P. FRANCK, as City Clerk of the City of Saratoga Springs, Appellant.

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

Decided April 5, 2012.

Attorney(s) appearing for the Case

FitzGerald, Morris, Baker & Firth, Glens Falls ( John D. Aspland Jr. of counsel), for appellant.

Whiteman, Osterman & Hanna, L.L.P., Albany ( John J. Henry of counsel), for respondents.

J. Wade Beltramo , Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

MERCURE, A.P.J., LAHTINEN, STEIN and MCCARTHY, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Petitioners Saratoga Citizen, Inc. and its president, Patrick Kane, filed a petition pursuant to Municipal Home Rule Law § 37 with respondent, the City Clerk of the City of Saratoga Springs, Saratoga County, proposing a local law to amend the city charter. The proposed amendment would reorganize the city government from its current strong mayoral structure to a city manager form...

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