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MATTER OF DONLON v. SCARINGE

72 A.D.2d 648 (1979)

In the Matter of Eugene J. Donlon, Respondent, v. George Scaringe et al., Constituting The Board of Elections of the County of Albany, Respondents, and John J. Julian et al., Appellants

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

October 25, 1979

The members of the committee to fill vacancies appointed by the petitions at issue herein all reside in the City of Albany and, therefore, do not reside in the political unit of candidates being nominated by the petitions as required by section 6-140 of the Election Law. Accordingly, the judgment granting petitioner's application to declare the petitions invalid, must be affirmed (see Matter of Dolan v Platt, 72 A.D.2d 647).

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