Gander v. Board of Fire Commissioners

OPINION OF THE COURT

Vincent R. Balletta, J.

A hearing was held in Special Term, Part II, of this court on January 6,1983 pursuant to an order of Justice Albert A. Oppido to determine whether a special district election should be set aside as null and void. It should be noted that Justice Oppido provided that: “Pending the hearing and determination, the respondent, edward c. dimonda may assume the office of Fire Commissioner, however, such assumption of office shall be without prejudice to any and all relief petitioner now seeks.”

*831On December 14,1982, an election was held in the West Hempstead…