MATTER OF HIGBY v. MAHONEY


48 N.Y.2d 15 (1979)

In the Matter of Paul N. Higby, Appellant, v. Edward J. Mahoney et al., Constituting the Board of Elections of Erie County, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 4, 1979.


Attorney(s) appearing for the Case

Richard T. Sullivan and Arthur A. Russ for appellant.

T. J. Szymanski, County Attorney (Roger D. Avent of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judges FUCHSBERG and MEYER dissent and vote to reverse in separate dissenting opinions.


Per Curiam.

By this proceeding petitioner seeks to have validated a designating petition filed with the Erie County Board of Elections for the purpose of having his name placed on the official Republican Party primary ballot and voting machines as a candidate for nomination by that party for the office of Councilman in the Town of Orchard Park. The board sustained objections filed against the designating petition for...

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