MATTER OF WALKER v. FURST


35 A.D.2d 727 (1970)

In the Matter of Fred L. Walker et al., Appellants-Respondents, v. Charles F. Furst et al., Constituting The Board of Elections of the County of Rockland, et al., Respondents, and James P. Rice, Respondent-Appellant

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

October 6, 1970


Judgment modified, on the law, by striking therefrom the third and fourth decretal paragraphs, which declared respondent-appellant ineligible to hold the office of Mayor, declared that office vacant, and directed that a successor may be appointed. As so modified, judgment affirmed, without costs.

Two causes of action are stated in the petition. The first cause, under section 330 of the Election Law, seeks relief against respondents Commissioners of Election in that...

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