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MATTER OF FOLEY v. McNAB

42 Misc.2d 460 (1964)

In the Matter of John J. Foley, Petitioner, v. Everett F. McNab et al., as Commissioners of the Board of Elections of the Town of Brookhaven, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

February 19, 1964

Attorney(s) appearing for the Case

Robert G. Bauer for petitioner. George W. Percy, Jr., for Commissioners of Elections, respondents. Robert Cedar for Charles R. Dominy and others, respondents. O'Rourke & Jordan for Francis C. Giaccone, respondent.

FRED J. MUNDER, J.

There is no factual dispute in this matter. In the town election in Brookhaven Town in November, 1963 three Councilmen were to be elected. There were six candidates of whom the three receiving the highest number of votes would be elected. The respondent Francis C. Giaccone received the third highest number of votes, a fact certified by the Board of Elections. However, it is claimed that Mr...

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