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MATTER OF FILIBERTO v. ROOSEVELT FIRE DIST.

75 A.D.2d 572 (1980)

In the Matter of Peter C. Filiberto, Appellant-Respondent, v. Roosevelt Fire District, Respondent, and Raymond Berkeley, Respondent-Appellant

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

April 2, 1980

Respondent cross-appeals from that part of the judgment which stayed the enforcement of the judgment pending appeal. Judgment reversed, with costs to petitioner, petition granted, election set aside, and new election ordered.

Special Term erred in holding that it was without power to set aside the election and order a new one (see Matter of Mansfield v Epstein, 5 N.Y.2d 70). In an...

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