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DILLON v. SHAFFER

144 Misc.2d 1079 (1989)

Kevin M. Dillon, Individually and as District Attorney of the County of Erie, Plaintiff, v. Gail S. Shaffer, as Secretary of State of the State of New York, et al., Defendants.

Supreme Court, Erie County.

August 9, 1989

Attorney(s) appearing for the Case

Williams, Stevens, McCarville & Frizzell (John T. Frizzell of counsel), for plaintiff. John Ciampoli for Melvin S. Barasch, defendant. Robert Abrams, Attorney-General, for Gail S. Shaffer, defendant. Patrick H. NeMoyer, County Attorney (Alan P. Gerstman of counsel), for Edward J. Mahoney and another, defendants.

VINCENT E. DOYLE, J.

Motion by plaintiff pursuant to CPLR 3212 for an order striking defendants' answer and for summary judgment for declaratory relief as alleged in plaintiffs complaint that the term of office of District Attorney of Erie County to which plaintiff was elected on November 8, 1988 is for a term of four years.

At the general election of November 1985, Richard Arcara was elected to a...

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