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MTR. OF McCARTHY v. LAWLEY

35 A.D.2d 126 (1970)

In the Matter of Richard D. McCarthy, a Candidate Aggrieved, Appellant-Respondent, v. James R. Lawley et al., Constituting The Board of Elections of the County of Erie, et al., Respondents-Appellants; Jack F. Kemp et al., Respondents

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

September 25, 1970.

Attorney(s) appearing for the Case

Falk, Siemer, Glick, Tuppen & Maloney (Alfred M. Remsen, Jr., of counsel), for appellant-respondent.

Robert E. Casey, Jr., County Attorney (William J. Diggins of counsel), for Board of Elections, respondent-appellant.

James P. Shea for Thomas P. Flaherty, respondent-appellant.

Eugene C. Tenney for Lynne Dane, Chairman of Conservative Party, respondent.

Hodgson, Russ, Andrews, Woods & Goodyear for Jack F. Kemp, respondent.

DelVECCHIO, J. P., MARSH, GABRIELLI, MOULE and BASTOW, JJ., concur.

Per Curiam.

The Board of Elections of Erie County appeals from an order of Special Term entered September 22, 1970, ordering it to place petitioner's name on the official ballots and voting machines as a candidate for the office of Representative in Congress for the 39th Congressional District of New York at the next general election, under a party name to be selected by petitioner. The petitioner appeals from so much...

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