MATTER OF DE COLA v. PREVITE


77 A.D.2d 848 (1980)

In the Matter of Frank D. De Cola, Petitioner, v. Joseph J. Previte et al., Constituting The Board of Elections of the City of New York, Respondents, and Michael R. Benedetto, Appellant. Theresa Benedetto et al., Respondents. (And Other Proceedings.)

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

August 26, 1980


Reversed, on the law and the facts, the petition of petitioner-objectant-respondent to invalidate the petitions filed with the board of elections in behalf of respondent-appellant candidate Benedetto dismissed, and the name of that candidate for office as State Senator, 34th Senatorial District, reinstated on the primary election ballot, without costs and without disbursements.

The motion to invalidate granted at Special Term was premised upon a claim by a rival candidate...

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