Clemente v. Piscitella

Appeal from a judgment of the Supreme Court *766(Keegan, J.), entered October 27, 1992 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to compel respondent to perform her statutory duty under Municipal Home Rule Law § 37.

On July 2, 1992, two separate petitions (hereinafter the initial petitions), signed by a number of qualified electors of the City of Troy, Rensselaer County, equal to at least 10% of the total number of votes cast for Governor in the last gubernatorial election, were filed with respondent, the Troy City Clerk, pursuant to…