# Graham v. Board of Supervisors of Erie County

> Appellate Division of the Supreme Court of the State of New York · March 30, 1967 · 27 A.D.2d 902

URL: https://www.frixlaw.com/law-library/cases/5761949

## Case

- **Full name:** J. Barrie Graham v. Board of Supervisors of Erie County, and Common Council of the City of Buffalo
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 30, 1967
- **Citations:** 27 A.D.2d 902; 278 N.Y.S.2d 986; 1967 N.Y. App. Div. LEXIS 4544
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5761949

## Opinion text

Order unanimously modified on the law and facts and in the exercise of our discretion by reversing and striking therefrom the second ordering paragraph, and as so modified affirmed, without costs. Memorandum: Special Term lacked the power and authority to restrain the Board of Elections and the Common Council from submitting the issue of the sales tax referendum to the voters on March 28, 1967. This determination was not ancillary to the continued retention of jurisdiction which the court had over reapportionment. Furthermore, even if we had determined that the court had authority to exercise discretion we would hold that such discretion was improvidently exercised. (Appeal from order of Erie Special Term directing that referendum on Local Law No. 7 proceed on March 28, 1967 and only on that issue.) Present—Williams, P. J., Goldman, Henry, Del Veeehio and Marsh, JJ. (Order entered March 13, 1967.)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5761949. Public record. Not legal advice.