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MATTER OF FARANO v. MONAHAN

46 A.D.2d 695 (1974)

In the Matter of Dan G. Farano, Appellant, v. Thomas M. Monahan et al., Constituting The Board of Elections of the County of Rensselaer, et al., Respondents

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

October 2, 1974

We conclude that the petitioner on the present record has not met the burden of showing the probability that a new election would produce a different result (Matter of Ippolito v. Power, 22 N.Y.2d 594, 597-598).

Judgment affirmed, without costs.

Kane, J. (dissenting).

I would reverse and direct a new election. Evidence as to how an eligible voter casts...

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