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MATTER OF MIRTO v. SADOWSKI

77 A.D.2d 941 (1980)

In the Matter of Peter G. Mirto, Appellant, v. Anthony Sadowski et al., Constituting The Board of Elections of the City of New York, et al., Respondents. (And a Second Title.)

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

August 22, 1980

Judgment affirmed insofar as appealed from, without costs or disbursements.

We find that the filling of Vacancy No. 14 by the election on primary day of a candidate who has been placed on the ballot by the filing of a valid designating petition is in conformity with the legislative intent as manifested in sections 6-116 and 6-168 of the Election Law. We note, however, that the Legislature should further address itself to...

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