MATTER OF DYTE v. LAWLEY


14 A.D.2d 827 (1961)

In the Matter of Allan R. Dyte, Appellant, v. James R. Lawley et al., as Commissioners of The Board of Elections of Erie County, and Elizabeth B. Koletar, Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 19, 1961


Order unanimously affirmed, without costs of this appeal to any party.

Memorandum:

Upon the facts here presented, we conclude that "a vacancy in a nomination made at a fall primary" was not created within the meaning of the language of subdivision 3 of section 140 of the Election Law. Oral application for leave to appeal to the Court of Appeals denied. This, of course, does not prevent an application being made directly...

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