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MATTER OF BROWN v. ULSTER COUNTY BD. OF ELECTIONS

48 N.Y.2d 614 (1979)

In the Matter of Harold Brown, Appellant, v. Ulster County Board of Elections et al., Appellants, and Peter J. Savago, Respondent.

Court of Appeals of the State of New York.

Decided August 30, 1979.

Attorney(s) appearing for the Case

Robert G. Lyman for petitioner-appellant.

William A. Kelly, County Attorney (William C. Mullany of counsel), for Ulster County Board of Elections, appellant.

Douglas Rutnik for John J. Hogan, appellant.

H. Clark Bell and Francis T. Murray for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI dissents in part and votes to affirm for the reasons stated in the memorandum at the Appellate Division.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, to the extent of reinstating so much of the judgment of Special Term as directed the Ulster County Board of Elections to provide the enrolled Democratic voters of the 9th Legislative District of Ulster County with the opportunity to write in the names of candidates for the office of county legislator. As so modified, the order of the Appellate...

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