Bivona v. County of Suffolk

OPINION OF THE COURT

The instant proceeding was instituted by petitioners pursuant to CPLR article 78 in the nature of mandamus seeking to compel the respondents Suffolk County Executive, Suffolk County Clerk and Presiding Officer of the Suffolk County Legislature to immediately call, i.e., choose a date for, a special election to fill a vacancy in the 18th Legislative District of the Suffolk County Legislature.

*224Trial Term dismissed the proceeding as well as an accompanying action seeking, inter alia, injunctive relief, on the ground that the pleadings failed to state a claim upon which relief…