MATTER OF BERGER v. ACITO


64 A.D.2d 949 (1978)

In the Matter of Stephen Berger, Appellant, v. Remo J. Acito et al., Constituting The Board of Elections of the State of New York, Respondents, and Jeff Segall et al., Respondents

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

August 25, 1978


As filed, the petitioner's designating petition contained 32,364 signatures. Special Term found that only 17,491 of these 32,364 signatures were valid and that since 20,000 valid signatures were required by the Election Law the petition should be rejected. The facts were stipulated to by the parties and it was also agreed that this proceeding would be resolved pursuant to determination of the following questions of law: 1. Did the Board of Elections properly rely on the enrollment...

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