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MATTER OF DECICCO v. CHEMUNG COUNTY BOARD OF ELECTIONS

93 N.Y.2d 1008 (1999)

719 N.E.2d 526

697 N.Y.S.2d 245

In the Matter of LOUIS F. DECICCO et al., Respondents, v. CHEMUNG COUNTY BOARD OF ELECTIONS, Respondent, and DANIEL J. CHAPMAN et al., Appellants.

Court of Appeals of the State of New York.

Decided August 25, 1999.

Attorney(s) appearing for the Case

Christopher A. Barton, Elmira, for appellants.

Thomas J. Spargo, East Berne, for Louis F. DeCicco and another, respondents.

Ransom P. Reynolds, Jr., County Attorney of Chemung County, Elmira (Steven W. Barnstead of counsel), for Chemung County Board of Elections, respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

In this case supporters of John Trice simultaneously circulated a petition designating him as Conservative Party candidate for District Attorney of Chemung County and a petition for an opportunity to ballot for the Conservative nomination for that office. Both petitions contained the same signatures and were executed on the same date. The designating...

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