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MATTER OF MARCHI v. ACITO

77 A.D.2d 118 (1980)

In the Matter of John Marchi, Appellant, v. Remo J. Acito et al., Constituting The New York State Board of Elections, Respondents

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

November 6, 1980

Attorney(s) appearing for the Case

Duncan S. MacAffer for appellant.

Thomas P. Zolezzi for respondent.

KANE, MAIN and CASEY, JJ., concur with SWEENEY, J. P.; HERLIHY, J., concurs in a separate opinion.

SWEENEY, J. P.

Petitioner was the incumbent Republican State Senator from the 24th Senatorial District and won re-election to that office in the election held on November 8, 1978. The day prior to election day he filed a complaint with respondents alleging that his Democratic opponent had violated 9 NYCRR 6201.1 (b), a provision of the Fair Campaign Code. This section prohibits the "preparation or distribution...

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