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SHADDUCK v. CIOTOLI

53 N.Y.2d 770 (1981)

Norman R. Shadduck, as Chairman of the Broome County Legislature, Appellant, v. Joseph D. Ciotoli et al., Respondents.

Court of Appeals of the State of New York.

Decided April 7, 1981.

Attorney(s) appearing for the Case

N. Theodore Sommer, Clayton M. Axtell, Jr., and A. Lawrence Abrams for appellant.

John E. Murray, County Attorney, for respondents.

Concur: Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Chief Judge COOKE dissents and votes to reverse in a separate opinion in which Judge GABRIELLI concurs.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (76 A.D.2d 1000) to which we add only that the dissent's reading of the charter provision ignores the words "by the next regular meeting occurring more than fifteen (15) days after the filing" (emphasis supplied), which impose a limitation of time as well as type of session.<...

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