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MATTER OF DOHERTY v. MAHONEY

59 A.D.2d 824 (1977)

In the Matter of James F. Doherty, Respondent, v. Edward J. Mahoney et al., Constituting The Board of Elections of the County of Erie, Appellant; Jerry Voskerichian et al., Respondents; George K. Arthur et al., Appellants. (Appeal No. 2.)

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

October 28, 1977

Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

We agree with Special Term's determination that there was showing of irregularities in sufficiently large "number to establish the probability that the result would be changed by a shift in, or invalidation of, the questioned votes" to warrant a new primary election (Matter of Ippolito v Power, 22 N.Y.2d 594

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