Cantrell v. Hayduk

OPINION OF THE COURT

Petitioners seek to contest the constitutionality of Local Law No. 11 of the 1978 Westchester County Local Laws. Since this local law will not become effective unless approved by the voters of Westchester County in the November, 1978 elections, petitioners have chosen to mount their constitutional challenge within the procedural framework of this article 78 proceeding seeking to prevent the board of elections from placing the local law upon the ballot. Special Term dismissed the petition, declaring that the proceeding was premature. The Appellate Division reversed,…