MATTER OF SIWEK v. MAHONEY


85 Misc.2d 27 (1976)

In the Matter of Donald J. Siwek, Petitioner, v. Edward J. Mahoney et al., as Commissioners of Elections in the County of Erie, Respondents.

Supreme Court, Erie County.

February 11, 1976


Attorney(s) appearing for the Case

William Waible for petitioner. James L. Magavern, County Attorney (Leonard G. Kriss of counsel), for respondents. Louis J. Lefkowitz, Attorney-General (Maryann S. Freedman of counsel), for New York State Board of Elections, intervenor-respondent.


JOSEPH S. MATTINA, J.

A CPLR article 78 proceeding was brought before this court to enjoin the respondent election commissioners from accepting applications for registration and enrollment by mail from residents of the City of Buffalo unless proof is shown that they qualify pursuant to specific exceptions as defined in the Constitution of the State of New York. The basis for the relief sought is that section...

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