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MATTER OF BUTLER v. HAYDUK

49 A.D.2d 708 (1975)

In the Matter of S. Jeffrey Butler, Appellant, v. Albert T. Hayduk et al., Constituting The Board of Elections in the County of Westchester, Respondents

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

August 27, 1975

In this case, the objector was not served with the order to show cause in this proceeding; nor was he named therein. In our opinion, in a proceeding to validate a previously invalidated petition, the objector is an indispensable party (Matter of Maniscalco v Power, 4 A.D.2d 479, affd 3 N.Y.2d 918; see, also, Matter of Swan v Cohen, 179 Misc. 69, affd 262 App Div 956, affd 286 N.Y. 678)....

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