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CATAPANO v. GOLDSTEIN

64 A.D.2d 88 (1978)

In the Matter of Thomas F. Catapano et al., Appellants, v. Gloria Goldstein et al., Respondents. (And Two Other Captions.)

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

August 25, 1978

Attorney(s) appearing for the Case

Fabian G. Palomino and Galen C. Thomas for appellants.

Paul H. Asofsky for Gloria Goldstein, respondent.

MOLLEN, P. J., HOPKINS, DAMIANI and O'CONNOR, JJ., concur in Per Curiam opinion; SHAPIRO, J., dissents and votes to affirm the judgment with an opinion.

Per Curiam.

The issue presented is whether a candidate who admittedly resides in Queens County is eligible to run in a party primary election for nomination to the office of Judge of the Civil Court of the City of New York where the vacancy to be filled is to be chosen by the electors of Kings County. We hold that the candidate must be a resident of Kings County.

Prior to September 1, 1962, there existed a myriad...

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