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MATTER OF RAPKIN v. LOMENZO

40 A.D.2d 727 (1972)

In the Matter of Yale Rapkin, Respondent, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Appellants

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

October 5, 1972

Respondent failed to file an acceptance of nomination in the form prescribed by subdivision 1 of section 139 of the Election Law in that his purported acceptance was not in certificate form nor was it acknowledged. However, it was timely filed. The court below properly exercised its discretion in granting respondent relief for his failure to comply with the said section (Matter of Bates v. Beyer, 36 A.D.2d 735.)

Judgment...

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