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MATTER OF LUTFY v. GANGEMI

35 N.Y.2d 179 (1974)

In the Matter of Edward R. Lufty et al., Appellants, v. John F. Gangemi et al., Respondents.

Court of Appeals of the State of New York.

Decided August 28, 1974.

Attorney(s) appearing for the Case

John Anthony Bonina for appellants.

Joseph P. Grancio for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STALEY concur in Per Curiam opinion.

Per Curiam.

The order of the Appellate Division should be reversed, the judgment dismissing the proceeding vacated, and the relief requested by petitioners granted.

It was definitively decided in Matter of Burns v. Wiltse (303 N.Y. 319) that one may not run for a public office in which one would not be eligible to serve because of a prior pending candidacy for an incompatible...

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