MATTER OF FUENTES v. D'APICE


122 A.D.2d 904 (1986)

In the Matter of Fernando Fuentes, Respondent, v. Antonia D'Apice et al., Respondents, and Terence Zaleski, Appellant

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

August 20, 1986


Judgment reversed, on the law, without costs or disbursements, application denied, and the Board of Elections is directed to remove the petitioner's name from the appropriate ballot.

Initially, we hold that the instant validation proceeding was not jurisdictionally defective merely because the order to show cause provided that service upon the objectors be effected by mailing a copy of the order and petition on or before July 24, 1986, the last date upon which said...

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