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  5. 78 N.Y.2d 985 (1991)
 

MATTER OF PROUD v. RELIN

78 N.Y.2d 985 (1991)

In the Matter of David G. Proud, Respondent, v. Marguerite L. Relin et al., Constituting the Monroe County Board of Elections, et al., Appellants.

Court of Appeals of the State of New York.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Patrick M. Malgieri, County Attorney (Raymond J. Lum of counsel), for Monroe County Board of Elections, appellant.

Louis B. Cristo for Committee to Fill Vacancies, appellant.

Sheldon W. Boyce for William D. Reilich, appellant.

Gerald P. Cleary for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA. Judge HANCOCK, JR., dissents and votes to reverse for the reasons stated in the opinion by Justice Raymond E. Cornelius at Supreme Court, Monroe County.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (176 A.D.2d 1197

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