MATTER OF AMELIO v. D'APICE


60 N.Y.2d 819 (1983)

In the Matter of Raphael Amelio, Jr., Respondent, v. Antonia D'Apice et al., Constituting the Board of Elections of the County of Westchester, Respondents, and Frank A. Vetere et al., Appellants.

Court of Appeals of the State of New York.

Decided October 28, 1983.


Attorney(s) appearing for the Case

Arthur H. Goodman for Frank Vetere and others, appellants.

Harvey J. Fried for Charles Balancia, appellant.

Guy T. Parisi for Raphael Amelio, Jr., respondent.

Samuel S. Yasgur, County Attorney (Annalinda P. Ragazzo of counsel), for Board of Elections of County of Westchester, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The judgment appealed from and order of the Appellate Division brought up for review should be reversed, without costs, and the case remitted to that court so that it may reconsider the matter and may exercise its own discretion.

The Appellate Division erred in holding, as a matter of law, that Special Term was in error in refusing to accept the amended petition...

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