MATTER OF KOLKEN v. MAHONEY


37 N.Y.2d 787 (1975)

In the Matter of Robert D. Kolken, Appellant, v. Edward J. Mahoney et al., Constituting the Board of Elections of the County of Erie, and Alois C. Mazur et al., Respondents.

Court of Appeals of the State of New York.

Decided September 3, 1975.


Attorney(s) appearing for the Case

William Waible for appellant.

Thomas M. Daley for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

Order of the Appellate Division reversed, without costs, and the order and judgment of Special Term reinstated.

The Board of Elections, after striking 650 signatures, had originally found that respondents were short 37 valid signatures of the 2,000 required to support their designation. In the section 330 proceeding, at the hearing, petitioner in the presentation of his prima facie case relied only...

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