La Clair v. Caswell

OPINION OF THE COURT

Parker J. Stone, J.

Petitioners have commenced a special proceeding to review the invalidation of a petition for a permissive referendum on Local Law No. 7 of 1981 of Oneida County. The respondents have moved to dismiss the petition claiming that it is time barred by section 24 of the Municipal Home Rule Law in that petitioners failed to commence this special proceeding within 30 days of the filing of the petition. The respondents further move to dismiss upon the grounds that the petition fails to state a cause of action and grounds for relief.

Local Law No. 7 of 1981 of…