MATTER OF SPENCER


71 A.D.2d 1062 (1979)

In the Matter of Dean Spencer

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

September 28, 1979


Order unanimously reversed, without costs, and petition dismissed.

Memorandum:

Petitioner was the designated Republican candidate for the office of Chautauqua County Legislator, District 10. The parties agree that July 30, 1979 was the final day for the petitioner to decline the nomination (Election Law, § 6-158, subd 2). Four days after that date, petitioner's business partner unexpectedly died causing a drastic change in circumstances in petitioner...

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