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MATTER OF PLUNKETT v. MAHONEY

164 A.D.2d 976 (1990)

In the Matter of John M. Plunkett, Appellant, v. Edward J. Mahoney et al., Constituting The Board of Elections in the County of Erie, et al., Respondents

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

August 23, 1990

Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

The Erie County Board of Elections properly invalidated the designating petition because the certificate of authorization was untimely filed (see, Matter of Fotopoulos v Board of Elections, 45 N.Y.2d 807; cf., Matter of Grieco v Bader, 43 Misc.2d 245, ...

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