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MATTER OF McHALE v. SMOLINSKI

133 A.D.2d 520 (1987)

In the Matter of Kathleen R. McHale, Appellant, v. Philip D. Smolinski et al., Constituting The Board of Elections of Erie County, et al., Respondents

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

September 30, 1987

Order unanimously reversed on the law without costs and petition granted.

Memorandum:

Candidate Francina J. Cartonia filed a 68-page designating petition for Democratic nomination for Erie County Legislator (Fifteenth District) containing 998 signatures. The questionable and irregular signature-collecting process permeated the petition with fraud and it should be invalidated. Numerous violations of Election Law § 6-132 occurred. Five subscribing witnesses...

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