CAREY v. CHIAVAROLI


97 A.D.2d 981 (1983)

William H. Carey, Respondent, v. V. James Chiavaroli et al., as Commissioners of Elections for The County of Monroe, et al., Appellants

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

November 4, 1983


Order unanimously affirmed, without costs.

Memorandum:

Subdivision 3 of section 6-138 of the Election Law requires that the party name selected by an independent body making a nomination shall not include the name or part of the name of that stated on a previously filed independent nominating petition. It also prohibits the use of any name which would "create the possibility of confusion". The manifest purpose of this statute is "`to prevent all possibility...

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