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MATTER OF LUTFY v. GANGEMI

45 A.D.2d 939 (1974)

In the Matter of Edward R. Lutfy et al., Appellants, v. John F. Gangemi et al., Constituting The Committee to Fill Vacancies, et al., Respondents

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

August 19, 1974

Shapiro and Benjamin, JJ., dissent and vote to reverse and to declare the petitions for County Committeeman and for State Committeeman invalid, for the following reasons:

In our opinion, the attempt by respondent Gangemi to run in all 25 election districts as County Committeeman when he knew he could only serve as an elected County Committeeman from one district was tantamount to a fraud on the electorate. Such a practice should not be encouraged. Under the circumstances...

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