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MATTER OF STERLER v. FEUER

45 A.D.2d 942 (1974)

In the Matter of Lewis R. Sterler, Respondent, v. Herbert J. Feuer et al., Constituting The Board of Elections of the City of New York, Appellants

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

August 21, 1974

Petitioner filed a designating petition as a candidate of the Democratic Party for the position of Member of Assembly, 43rd Assembly District. At issue is the question whether his residence in the 45th Assembly District bars such candidacy. As here applicable, section 7 of article III of the State Constitution provides: "No person shall serve as a member of the legislature unless he or she is a citizen of the United States and has been a resident of the state of New York...

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