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MATTER OF SULLIVAN v. NEW YORK CITY BD. OF ELECTIONS

224 A.D.2d 565 (1996)

637 N.Y.S.2d 804

In the Matter of James C. Sullivan et al., Appellants, v. New York City Board of Elections, Respondent, and Dennis B. Gallagher, Respondent

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

February 15, 1996

Ordered that the judgment is affirmed, without costs or disbursements.

The power of boards of elections to determine the validity of a nominating petition "`extends only to ministerial examination'" (Schwartz v Heffernan, 304 N.Y. 474, 480). We find that the act of the New York City Board of Elections (hereinafter the Board) in determining whether the Commissioners of Deeds were qualified to act as subscribing witnesses, under...

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