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MATTER OF KIERNAN v. NEW YORK STATE BOARD OF ELECTIONS

2012-04454.

95 A.D.3d 1242 (2012)

944 N.Y.S.2d 754

2012 NY Slip Op 4113

In the Matter of MATTHEW J. KIERNAN, Appellant, v. NEW YORK STATE BOARD OF ELECTIONS, Respondent-Appellant, and ANTHONY ERIC TOLDA, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 29, 2012.

Ordered that the final order is reversed, on the law, without costs or disbursements, and the cross claim is dismissed.

Matthew J. Kiernan commenced this proceeding on April 26, 2012, by order to show cause, inter alia, to invalidate the designating petition of Anthony Eric Tolda. However, Kiernan failed to serve copies of the order to show cause and petition upon the New York State Board of Elections (hereinafter the Board) consistent with the directives contained...

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