Franczyk v. Michaux — 176 A.D.2d 1190

Majority

p. 1190

David A. Franczyk, Respondent-Appellant, v Charles L. Michaux, III, Individually and as Clerk of the City of Buffalo, et al., Respondents, and James W. Pitts, Appellant-Respondent.

(Appeal No. 2.)

— Order unanimously affirmed without costs. Memorandum: Supreme Court properly invalidated the referendum petition concerning Local Law, 1991, Introductory No. 12 of the City of Buffalo establishing new councilmanic districts in Buffalo because the referendum petition fails to protest against that law (see, Matter of Town of Mount Pleasant, 82 Misc 2d 869 ). (Appeals from Order of Supreme Court,

p. 1191

Erie County, Rath, Jr., J. — Election Law.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ. (Order entered Aug. 22, 1991.)

Cases cited

In re to Determine a Petition Filed with the Town Clerk of the Town of Mount Pleasant 82 Misc 2d 869 N.Y. Sup. Ct. 1975-07-15 p. 1190