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MATTER OF RAWLINS v. McCAUGHEY

37 N.Y.2d 885 (1975)

In the Matter of William Rawlins et al., Appellants, v. Margaret McCaughey, as County Clerk of Livingston County, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 24, 1975.

Attorney(s) appearing for the Case

John Manning Regan for appellants.

George C. Teall, County Attorney (Elliott Horton and James C. Gocker of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

By this proceeding brought pursuant to CPLR article 78, petitioners seek "an order directing, pursuant to the provisions of said Article, that the election [for the office of County Judge] be held in accordance with law, no earlier than November, 1976". It appears uncontradicted that on August 4, 1975 Honorable GEORGE T. STEWART, the Livingston County Judge, addressed and signed a letter to the Secretary of State...

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