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MATTER OF LOCASCIO v. FEUER

45 A.D.2d 937 (1974)

In the Matter of Alfred E. Locascio, Respondent, v. Herbert J. Feuer et al., Constituting The Board of Elections of the City of New York, Respondents, and Victor B. Tosi et al., Respondents-Appellants

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

August 26, 1974

There is insufficient evidence to overcome the rule that a public officer, here the notary public, has performed a duty imposed by law.

Murphy, J., dissents in the following memorandum:

I would affirm. Section 135 of the Election Law establishes the form that a notary public must use as opposed to other subscribing witnesses. None of the 19 witnesses who testified at the hearing presented any evidence of compliance with the statute nor was the...

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