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MATTER OF OGILVIE v. SALERNO

77 A.D.2d 961 (1980)

In the Matter of Mary A. Ogilvie, Appellant, v. George D. Salerno et al., Respondents

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

August 27, 1980

Petitioner contends that Special Term erred in refusing to invalidate the designating petition at issue here upon the ground that all signatures witnessed by a certain notary should be invalidated because the notary failed to swear the signatories. In our view, petitioner's attempt to rebut the presumption that a public officer has performed the duty imposed upon him by law by submitting the affidavits of a few signatories who state...

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