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MATTER OF VITALIANO v. D'EMIC

243 A.D.2d 662 (1997)

663 N.Y.S.2d 627

In the Matter of Eric N. Vitaliano et al., Petitioners, v. John D. D'Emic et al., Respondents. (Proceeding No. 1.) In the Matter of Patricia M. Quinn et al., Appellants, v. Eric N. Vitaliano, Respondent, et al., Respondents. (Proceeding No. 2.)

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

October 21, 1997

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the petition is granted, the designating petitions are invalidated, and the matter is remitted to the Board of Elections of the City of New York to remove the name of Eric N. Vitaliano from the ballot as the candidate of the Fare Deal Party for the public office of Representative in Congress from the 13th Congressional District.

The respondent candidate could have...

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