MATTER OF WADE v. TUTUNJIAN


114 A.D.2d 531 (1985)

In the Matter of Thomas W. Wade, as Commissioner of The Rensselaer County Board of Elections, Appellant, v. Henry G. Tutunjian, as Commissioner of The Rensselaer County Board of Elections, et al., Respondents

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

October 4, 1985


Motion by appellant for order enjoining respondent Tutunjian from conducting an investigation of certain alleged deficiencies in absentee ballot applications for the primary election held September 10, 1985 pending determination of the appeal granted, without costs.

Casey, J. (dissenting).

There is no basis in the record for continuing the restraint of a duly authorized election commissioner from the performance of a duty imposed upon him by law...

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