MATTER OF WOLFE v. ACITO


64 A.D.2d 948 (1978)

In the Matter of Paul F. Wolfe, Respondent, v. Remo J. Acito et al., Constituting The New York State Board of Elections, Respondents, and Pierre L. Alric, Jr., Appellant

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

August 24, 1978


The sole issue raised on this appeal is whether Special Term lacked jurisdiction to entertain this proceeding to validate petitioner's designating petition because, concededly, the order to show cause with accompanying petition was not served in the manner provided for in the order. Service of the order and the papers upon which it was granted were directed to be served upon appellant Alric (a) personally at his residence in the Town of Johnstown, New York, or (b) by leaving...

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