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MATTER OF SUAREZ v. SADOWSKI

48 N.Y.2d 620 (1979)

In the Matter of Edwin Suarez et al., Respondents, v. Anthony Sadowski et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and Jose A. Cruz, Appellant.

Court of Appeals of the State of New York.

Decided August 30, 1979.

Attorney(s) appearing for the Case

Jose Cruz, appellant pro se.

Lorenzo Padilla for respondents.

Judges JASEN, JONES, WACHTLER and FUCHSBERG concur; Judge GABRIELLI dissents and votes to reverse in an opinion in which Chief Judge COOKE and Judge MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Supreme Court was correct in holding that the respondents were not entitled to submit evidence to refute the findings of the Board of Elections that a large number of the signatures on the petition were invalid.

The candidates submitted 1,366 signatures and the Board of Elections held that 472 were valid. Since a total of 346 valid signatures...

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