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MATTER OF CONTESSA v. McCARTHY

54 A.D.2d 802 (1976)

In the Matter of Gordon Contessa et al., Respondents, v. Eugene J. McCarthy et al., Appellants, and State Board of Elections, Respondent

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

October 26, 1976

Appellants' petition substantially complied with the formal requirements of subdivisions 7 and 8 of section 138 of the Election Law (see Matter of Rosen v McNab, 25 N.Y.2d 798). Special Term improperly relied upon certificates of various Boards of Elections to invalidate some 3,847 signatures on the petition. Petitioners have failed to sustain their burden of proving that appellants' nominating petition did not meet the requirements...

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