MATTER OF TUCKER v. DONOHUE


28 A.D.2d 739 (1967)

In the Matter of Robert A. Tucker, Individually and on Behalf of Others Similarly Situated as Designated Candidates of the Republican Party, County of Albany, For the Primary Election to be Held June 20, 1967, Respondent, v. Thomas F. Donohue et al., Constituting The Board of Elections, Albany County, et al., Appellants

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

June 14, 1967


Per Curiam.

We are unable to find that petitioner is a candidate aggrieved with regard to the Conservative indorsements. Furthermore, the candidates affected were not served or made parties. As to McCaffrey, we find the evidence insufficient to show that he abandoned permanently and irrevocably his 12th Ward residence at 728 Central Avenue. (Matter of Chance v. Power, 10 N.Y.2d 792

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