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MATTER OF DECATUR v. BD. OF ELEC.

47 Misc.2d 647 (1965)

In the Matter of John Decatur, Petitioner, v. Board of Elections of Albany County et al., and Thomas J. Van Sleet, Respondents.

Supreme Court, Special Term, Albany County.

September 1, 1965

Attorney(s) appearing for the Case

Paul R. Coughlin for petitioner. John J. Clyne, Albany County Attorney, for Board of Elections, respondent. Walter E. Burke for Thomas J. Van Sleet, respondent.

ELLIS J. STALEY, JR., J.

In this proceeding pursuant to section 330 of the Election Law the respondent, Board of Elections of Albany County, has filed an objection in point of law and asks that an order be made dismissing the petition.

The basis of said objection is that the petitioner, John Decatur, is not a proper person to institute the proceedings herein for the reason that he is not a candidate...

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