MTR MEIER v. SMOLINSKI


130 Misc.2d 287 (1985)

In the Matter of Robert Meier, Petitioner, v. Philip D. Smolinski et al., as Commissioners of Elections Constituting the Board of Elections of Erie County, et al., Respondents.

Supreme Court, Erie County.

July 31, 1985


Attorney(s) appearing for the Case

William Waible for petitioner. Eugene F. Pigott, Jr., County Attorney (Alan P. Gerstman of counsel), for Board of Elections of Erie County, respondent. Timothy J. McCarthy for Mary E. Dixon, respondent.


THOMAS P. FLAHERTY, J.

This case presents the dilemma occasioned by a Board of Elections losing primary designating petitions which had been duly and timely filed. Petitioner, presently an elected member of the Erie County Legislature, and an enrolled Republican, received the Conservative Party indorsement for reelection in the Ninth District. Respondent Mary E. Dixon, an affiliated Conservative, is challenging that indorsement in the primary election...

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