Legal Opinion

Miller v. Balland

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 2004PublishedCited by 7 opinions

1Opinion of the CourtKane, J.

Proceeding initiated in this Court pursuant to Public Officers Law § 36 to remove respondents from various offices in the Town of Big Flats, Chemung County.

Petitioners, both residents of the Town of Big Flats, Chemung County, commenced this proceeding seeking to remove respondent Mary Ann Balland from the office of Town Supervisor and respondents Duane Gardner, Leonard Kaner and Edward Fairbrother as Members of the Town Council. The petition asserts that respondents unlawfully issued a building permit for a new town community center by not collecting a fee and failing to obtain a sewage…

2Cases cited3 opinions

  1. Deats v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1978
  2. Morin v. GallagherAppellate Division of the Supreme Court of the State of New York · 1995
  3. Miller v. FilionAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by7 opinions

  1. Salvador v. RossAppellate Division of the Supreme Court of the State of New York · 2009
  2. McCarthy v. SanfordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Chandler v. WeirAppellate Division of the Supreme Court of the State of New York · 2006
  4. Hart v. Trumansburg Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2007
  5. Price v. EversAppellate Division of the Supreme Court of the State of New York · 2007

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