MATTER OF MARLEY v. HAMILTON


55 A.D.2d 864 (1976)

In the Matter of Lena Marley, Appellant, v. Elmer Hamilton et al., Constituting the Committee to Fill Vacancies, et al., Respondents

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

September 1, 1976


Judgment affirmed insofar as appealed from, without costs or disbursements.

Section 140 of the Election Law provides, inter alia, that "1. A vacancy in a designation * * * caused * * * by the * * * disqualification of the candidate * * * 2. * * * may be filled by a majority of the committee to fill vacancies shown upon the face of the petition". In this case, the designee was disqualified by reason of his nonresidence in the assembly district in question, but...

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