Spencer v. Cristo

OPINION OF THE COURT

Michael C. Lynch, J.

By companion orders to show cause (Hummel, J.) signed January 4, 2010, plaintiffs seek a declaratory judgment precluding the defendant candidates from holding the dual offices of Rensselaer County Legislator and Town Councilman. The three defendant candidates, Cristo, Danaher and Desso were each elected to the office of Rensselaer County Legislator at the November 2009 general election. Each candidate also serves as an elected town councilman for a term ending December 31, 2011. Plaintiffs’ thesis is that County Law § 411 precludes each defendant…