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MATTER OF MARKEL v. SMOLINSKI

89 A.D.2d 1052 (1982)

In the Matter of Sheldon Markel, Respondent, v. Philip D. Smolinski et al., as Commissioners of Elections, County of Erie, and Mary R. Albarella, Appellants

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

September 1, 1982

Order unanimously reversed, without costs, and petition dismissed.

Memorandum:

On an appeal from an order of Special Term validating petitioner Markel's Conservative Party designating petition for Erie County Court Judge, appellants argue that the designating petition is invalid because only one of the five people named in the petition to the committee to fill vacancies was a duly enrolled Conservative Party member. Subdivision 1 of section 6-132 of the Election...

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