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SMITH v. PIGEON

174 Misc.2d 97 (1997)

662 N.Y.S.2d 1001

Thomas J. Smith, Petitioner, v. G. Steven Pigeon, as Chairman of the Erie County Democratic Party, et al., Respondents.

Supreme Court, Erie County.

September 5, 1997

Attorney(s) appearing for the Case

James M. Shaw for petitioner. Timothy R. LoVallo for G. Steven Pigeon and another, respondents. Terrence M. Connors for Anthony M. Masiello, respondent.

ROBERT E. WHELAN, J.

PROCEEDING

This matter was previously before this court on July 24, 1997 and an order was entered dismissing the matter because the petitioner had failed to properly commence the proceeding. That record is incorporated by reference into this memorandum as the underlying matter remains the same.

Petitioner again initiates an action wherein he requests a declaration of the...

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