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MATTER OF WHITE v. McNAB

40 N.Y.2d 912 (1976)

In the Matter of Margaret M. White, Respondent, v. Everett F. McNab et al., Constituting the Board of Elections of the County of Suffolk, et al., Respondents, and Paul E. Harenberg, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1976.

Attorney(s) appearing for the Case

E. Thomas Boyle for appellant.

Nicholas Vincent Campasano for petitioner-respondent.

Howard E. Pachman, County Attorney, for Board of Elections, respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The designating petition contained 1,925 signatures; 1,349 were required to validate. The deletion of 468 signatures at Special Term is not challenged on appeal. We conclude that another 45 must be stricken for error on the part of a subscribing witness with respect to his election district (cf. Matter of Rutter v Coveney,

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