Smith v. Buono

OPINION OF THE COURT

F. Warren Travers, J.

Plaintiff commenced a declaratory judgment action seeking to declare void a certain act of the Rensselaer County Legisla*980turc. The defendants have moved for summary judgment dismissing the complaint. The plaintiff opposes the defendants’ motion and cross-moves for summary judgment upon the complaint.

The facts in this case are undisputed. The dispute centers around the application of various laws to the facts.

John Buono was elected to the office of Rensselaer County Executive for a four-year term commencing January 1, 1990. On January 9, 1990, the…