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MOUNTAIN v. SCOTT

106 A.D.2d 918 (1984)

William H. Mountain, III, Respondent-Appellant, v. Vicki Scott et al., Constituting The Board of Elections of the County of Cattaraugus, et al., Respondents, and Anthony J. De Rose, Appellant-Respondent, and Andrew S. Waterman, Intervenor-Appellant. (Appeal No. 1.)

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

December 14, 1984

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with Special Term that chapter 296 of the Laws of 1984 does not operate to repeal section 23 of the Judiciary Law and that there is no merit to the challenge to the election. Inasmuch as by operation of law (Judiciary Law, §§ 22, 23) Judge De Rose's term expires December 31, 1984, petitioner was elected not to fill a vacancy (see...

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