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MATTER OF BATES v. BEYER

36 A.D.2d 735 (1971)

In the Matter of William C. Bates et al., Respondents, v. Ency Beyer, as Village Clerk of The Village of Sag Harbor, et al., Appellants

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

March 12, 1971

Judgment affirmed, without costs.

In this case, where petitioner Holmberg acted in good faith and made every effort to comply with subdivision 1 of section 139 of the Election Law, by sending a telegram to the Village Clerk on the last day upon which to file his acceptance, we find that Special Term's finding of timeliness and its direction that his name appear on the ballot constituted a proper exercise of discretion (see Matter of Dow v. Lomenzo, ...

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