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MATTER OF RICE v. VITELLI

36 A.D.2d 734 (1971)

In the Matter of Thomas A. Rice, Respondent, v. Joseph M. Vitelli, as Village Clerk and Village Election Officer of the Incorporated Village of Lynbrook, Respondent, and Michael Kostyrka et al., Appellants

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

March 12, 1971

Judgment reversed, on the law and the facts, without costs, and petition granted solely to the extent of striking from the name "United Home Party", the word "Home", and directing the placing of appellants' names on the ballot solely under the name of the "United Party".

In our opinion, the striking of the word "Home" from the name "United Home Party" will eliminate any possible confusion in the minds of the electorate (cf. Matter of Marcantonio v. Heffernan

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