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MATTER OF WEIDMAN v. STARKWEATHER

80 N.Y.2d 955 (1992)

In the Matter of Andrew J. Weidman, Respondent, v. Ronald J. Starkweather et al., as Commissioners of the Board of Elections of Monroe County, Respondents, and John L. Viggiani, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester (Kenneth W. Gordon of counsel), for appellant.

Harter, Secrest & Emery, Rochester (Peter H. Abdella of counsel), for Andrew J. Weidman, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the judgment of Supreme Court, Monroe County, dismissing the petition to invalidate reinstated.

Appellant filed a designating petition with the Monroe County Board of Elections as the Democratic candidate for the Monroe County Legislature representing the 8th District. Respondent objected to appellant's petition on the grounds that appellant did...

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