Elefante v. Hanna
| Decision Date | 27 October 1976 |
| Citation | 389 N.Y.S.2d 356,40 N.Y.2d 908 |
| Parties | , 357 N.E.2d 1011 In the Matter of Rufus P. ELEFANTE, Appellant, v. Edward H. HANNA, as Mayor of the City of Utica, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
A. Thomas Longeretta, Utica, for appellant.
Anthony J. Garramone, Utica, for Edward H. Hanna and others, respondents.
Rocco S. Mascaro, Utica, for Board of Elections of the County of Oneida, respondent.
The order of the Appellate Division should be modified, with costs to respondents, to the extent that the petition is dismissed. We do not agree with the holding that petitioner has not been guilty of laches. Certainly, from August 26, 1976, when the common council adopted the resolution approving the new city charter, and conceivably fr December 11, 1975 when the Mayor held a public hearing and approved the local law, petitioner could have proceeded with dispatch to challenge the creation of a Charter Revision Commission. To have waited until October 8, 1976, shortly before the general election worked prejudice to the respondents and may not be countenanced.
Order modified, with costs to respondents, in accordance with memorandum herein and, as so modified, affirmed.
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