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MATTER OF FELSEN v. SCARINGE

54 N.Y.2d 932 (1981)

In the Matter of Karl E. Felsen, Respondent, v. George P. Scaringe et al., Constituting the Albany County Board of Elections, Respondents, and Kevin A. Moss et al., Appellants.

Court of Appeals of the State of New York.

Decided October 21, 1981.

Attorney(s) appearing for the Case

Thomas J. Spargo for appellants.

Paul M. Whitaker for petitioner-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition to invalidate the nominating petition should be denied.

Respondents' nominating petition included the names of three persons for appointment to a committee to fill vacancies, as is required by law (Election Law, § 6-140, subd 1). Two of the named appointees, however, did not register as voters in the Town of Guilderland...

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