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RYAN v. ALBANY DEMOCRATIC COM

97 Misc.2d 935 (1979)

Charles W. Ryan et al., Plaintiffs, v. Albany County Democratic Committee et al., Defendants.

Supreme Court, Special Term, Albany County.

January 25, 1979

Attorney(s) appearing for the Case

Frederick G. Ziehm for plaintiffs. Douglas P. Rutnik for Albany County Democratic Committee and others, defendants. Robert G. Lyman, County Attorney, for Albany County Legislature and another, defendants.

LEONARD A. WEISS, J.

I. INTRODUCTORY QUESTION AND BACKGROUND

Does a county legislature have the authority to appoint a commissioner of elections under subdivision 4 of section 3-204 of the Election Law where the certificate of party recommendation described in subdivisions 1 and 3 of section 3-204 of the Election Law is filed, but subsequently determined to be invalid?

Movants (all of the defendants...

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