MATTER OF COSTANTINI v. BD. OF ELECTIONS OF SUFFOLK COUNTY


32 A.D.2d 794 (1969)

In the Matter of Anthony Costantini, Appellant, v. Board of Elections of Suffolk County et al., Respondents

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

June 9, 1969


Order affirmed, without costs.

No opinion.

Benjamin, J., concurs, with the following additional memorandum:

It is clear that section 136 of the Election Law does not include a town within the listed exceptions to the 5% rule. While this may result in requiring a larger number of signatures for a town than for a larger subdivision within which it is contained, this anachronism appears to be a subject for legislative correction rather than...

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