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MATTER OF McCARTHY v. LAWLEY

64 Misc.2d 13 (1970)

In the Matter of Richard D. McCarthy, Petitioner, v. James R. Lawley et al., Constituting the Board of Elections of the County of Erie, et al., Respondents.

Supreme Court, Erie County.

September 22, 1970

Attorney(s) appearing for the Case

Falk, Siemer, Glick, Tuppen & Maloney (Alvin M. Glick of counsel), for petitioner. Robert E. Casey, County Attorney (William J. Diggins of counsel), for James R. Lawley and another, constituting the Board of Elections of Erie County, respondents. Hodgson, Russ, Andrews, Woods & Goodyear (Hugh McM. Russ, Jr., of counsel), for Jack F. Kemp, respondent. James P. Shea for Thomas P. Flaherty, respondent. Eugene C. Tenney for Lynn Dane, as Chairman of the Conservative Party of Erie County, respondent.

WALTER J. MAHONEY, J.

This is a special proceeding by authority of section 330 of the Election Law asking the court to validate a petition designating the petitioner as a candidate of the Conservation Party, for the office of Representative in Congress for the 39th Congressional District of the State of New York, to be voted upon at the general election on November 3, 1970.

The petitioner in this proceeding...

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