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MATTER OF NICOLAYSEN v. D'APICE

100 A.D.2d 501 (1984)

In the Matter of Erik A. Nicolaysen, Respondent-Appellant, et al., Petitioners, v. Antonia D'Apice et al., Respondents; John Whittlesey, Respondent-Appellant, and Lawrence Breen et al., Appellants-Respondents In the Matter of Mia C. Fienemann, Petitioner, and Henry Hocherman, Appellant-Respondent, v. Antonia D'Apice et al., Respondents, Lois L. Mitchell et al., Respondents-Appellants, and Lawrence Breen, Appellant-Respondent

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

March 1, 1984

¶ Judgment reversed insofar as appealed and cross appealed from, on the law and the facts, without costs or disbursements, the second and third decretal paragraphs thereof are deleted and the following is substituted therefor: (1) that the Westchester County Board of Elections is hereby directed to recanvass and recount the votes for town councilman at large for the Town of New Castle, New York, and upon said recanvass and recount to declare that candidate Henry Hocherman...

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