Matter of Constance J. Fisher v Christian Sampson

Matter of Fisher v Sampson 2006 NY Slip Op 01800 [27 AD3d 562] March 14, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 17, 2006

In the Matter of Constance J. Fisher et al., Appellants,
v
Christian Sampson et al., Respondents.

—[*1]In a proceeding pursuant to CPLR article 78 to annul a determination of the respondent Christian Sampson, as Town Clerk of the Town of Ramapo, dated September 24, 2004, the petitioners appeal from a judgment of the Supreme Court, Rockland County (O'Rourke, J.), entered October 18, 2004, which, in effect, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

This proceeding is in all material respects identical to Matter of Fisher v Sampson (27 AD3d — [ decided herewith]), except that in this case, the petitioner Constance J. Fisher filed a petition requesting that a proposition be submitted to the electors of the Town of Ramapo reading, "Shall the number of councilmen of the Town of Ramapo be increased from four to six?" The petition contained 3,673 signatures. For the reasons stated in Matter of Fisher v Sampson (27 AD3d — [ decided herewith]), we affirm the judgment. Miller, J.P., Ritter, Spolzino and Dillon, JJ., concur.