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MATTER OF WALSH v. RUDNICKI

152 Misc.2d 78 (1991)

In the Matter of Christopher P. Walsh, as Chairman of the Town of West Seneca Democratic Committee, Petitioner, v. Barbara A. Rudnicki et al., Respondents.

Supreme Court, Erie County.

September 18, 1991

Attorney(s) appearing for the Case

Jasen & Jasen (Mark Matthew Jasen of counsel), for petitioner. Roger D. Avent for Barbara A. Rudnicki and others, respondents. Patrick H. NeMoyer, County Attorney (Desmond Hughes of counsel), for Edward Mahoney and another, as Commissioners of Elections, respondents.

THOMAS P. FLAHERTY, J.

Petitioner seeks an order invalidating the Independent Party nominating petitions of the individual respondents who are candidates for nomination of the Independent Party to various town offices in the Town of West Seneca, located in the County of Erie.

Petitioner maintains that such nominating petitions violate Election Law § 6-138 (3), which in pertinent part provides: ...

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