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MATTER OF ROSS v. SCARINGE

96 A.D.2d 1109 (1983)

In the Matter of James C. Ross, Respondent-Appellant, v. George P. Scaringe et al., Constituting The Board of Elections of Albany County, et al., Appellants-Respondents, and Thomas J. McCord, Intervenor-Appellant-Respondent

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

September 12, 1983

In view of the facts of this case, in which the board of elections ruled invalid an untimely filed certificate to fill a vacancy which resulted from the death of a candidate who had timely filed a valid designating petition, we find no reason to disturb Special Term's decision to afford Republican voters an opportunity to ballot at the primary election (see Matter of Brown v Ulster County Bd. of Elections, 48 N.Y.2d 614). Such relief...

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