Noonan v. O'Leary

In 1925, the city-manager form of government was adopted by the City of Rochester. On July 1, 1954, a petition was presented to the city clerk, pursuant to section 19-a of the City Home Rule Law, containing a proposed local law for submission to the electors which, among other things, would amend the city charter to abolish the city-manager form of government. The city clerk refused to accept said petition for filing and this proceeding was instituted pursuant to article 78 of the Civil Practice Act, in the nature of an application for an order of mandamus to compel the city clerk to accept…