Alessi v. Pataki

Appeal from an amended order of the Supreme Court (Malone, Jr., J.), entered August 25, 2005 in Albany County, which dismissed petitioners’ application, in a combined proceeding pursuant to Election Law § 16-102 and action for declaratory judgment, to review a determination of respondent Governor scheduling a special election to be held on September 13, 2005 to fill a vacancy in the First Assembly District.

On June 17, 2005, Patricia Acampora resigned from her position in the Assembly and thereby created a vacancy in the First Assembly District located in Suffolk County (see Public Officers…