Filiberto v. Roosevelt Fire District

In a proceeding pursuant to CPLR article 78 to, inter alia, set aside an election held on December 11, 1979, for the office of Fire Commissioner in the Roosevelt Fire District, petitioner appeals from so much of a judgment of the Supreme Court, Nassau County, dated February 19, 1980, as dismissed the petition. Respondent cross-appeals from that part of the *573judgment which stayed the enforcement of the judgment pending appeal. Judgment reversed, with costs to petitioner, petition granted, election set aside, and new election ordered. Special Term erred in holding that it was without power to…