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MATTER OF ELSNER v. BOOTHROYD

54 A.D.2d 989 (1976)

In the Matter of Sylvia F. Elsner et al., Appellants, v. Viola Boothroyd et al., Constituting The Board of Elections of Tompkins County, Respondents

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

November 29, 1976

We find that each of the appellants has demonstrated that he made a deligent attempt to register locally to vote and that, under the facts and circumstances of this case, was precluded from doing so by reason of the failure of respondent board to provide adequate local registration facilities (Election Law, § 354, subd 2; US Code, tit 42, § 1973aa-1, subd [d]; Bishop v Lomenzo, 350 F.Supp. 576).

Judgment modified...

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