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MATTER OF MERCORELLA v. BENZA

49 A.D.2d 705 (1975)

In the Matter of Anthony Mercorella et al., Respondents, v. Louis C. Benza, Appellant, and Patricia M. Ennis et al., Respondents In the Matter of Louis C. Benza, Appellant, v. Anthony Mercorella et al., Respondents

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

August 28, 1975

No sufficient evidence appears in the record to indicate that the petition was so permeated by fraud, particularly with reference to the signatures obtained in the public places, that the petitions containing the signatures so obtained should have been totally invalidated. Appellant Benza had a total of 10,831 signatures on his designating petition, of which 4,220 were stricken by the board of elections, leaving a balance of 6,609 signatures considered valid by the board...

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