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MATTER OF FERGUSON v. LOMENZO

30 A.D.2d 982 (1968)

In the Matter of Herman B. Ferguson, Respondent, v. John P. Lomenzo, as Secretary of State of The State of New York, Appellant

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

October 7, 1968

Judgment affirmed, without costs.

MEMORANDUM BY THE COURT.

We find no reason to interfere with the discretion exercised by Special Term in directing that the certificate of acceptance be filed. (Election Law, § 330.) Appellant now concedes that petitioner is not rendered ineligible by reason of his conviction of crime. (See U. S. Const., art. I, § 3, par. 3; Matter of O'Connor v. Cohen, 173 Misc. 419; State ex rel. Handley v. Superior Court...

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