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Graziano v. Countyof Albany

Court rejects county executive's restrictions on hiring by County Board of Elections

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Justice Benza

MATTER OF GRAZIANO v. COUNTY OF ALBANY Petitioner seeks declaratory judgment voiding respondents public interpretation of their legal authority to contradict, inhibit or interfere with the Boards expenditures of its annual appropriations, and upholding the Boards authority to operate as the Board deems appropriate. Further, peti-tioner seeks to permanently enjoin respondents interference with Board appointments and seeks, inter alia, prompt payment of Board expenses. In opposing such relief, respondents crossmove to dismiss the petition contending, inter alia, that petitioner has not complied with Election Law 3-212 (2) and, alternatively, seek to file an answer pursuant to CPLR 3211 (f).¹

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