MATTER OF FOGARTY v. LOMENZO


35 A.D.2d 746 (1970)

In the Matter of Timothy J. Fogarty, Respondent, v. John P. Lomenzo, as Secretary of State of The State of New York, and John L. Larkin et al., Appellants

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

October 1, 1970


The Third Judicial District contains five assembly districts situate wholly therein and portions of four assembly districts partially therein. Seven delegates were certified for the Conservative Party to the judicial district convention and on September 12, 1970 these seven delegates met in convention and nominated Larkin for said office. The issue for determination is whether the seven constituted a quorum as required by subdivisions 2 and 3 of section 132 of the Election...

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