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MATTER OF MURPHY v. ACITO

65 A.D.2d 662 (1978)

In the Matter of Michael P. Murphy, Appellant-Respondent, v. Remo J. Acito et al., Constituting The New York State Board of Elections, Respondents, and Joseph D. Quinn, Jr., et al., Respondents-Appellants

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

October 20, 1978

The order to show cause bringing on this proceeding directed that service be made on the State Board of Elections, the respondent candidates, and on at least five members of the Committee to Fill Vacancies. Concededly, only four members of the Committee to Fill Vacancies were served. Furthermore, one of these four members was not served in the manner provided for in the order to show cause. Inasmuch as the petitioner failed to strictly comply with the provisions for service...

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