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MATTER OF WEINER v. McCORD

264 A.D.2d 864 (1999)

694 N.Y.S.2d 807

In the Matter of IRA WEINER et al., Appellants, v. DIANE L. McCORD, as Town Clerk of the Town of Esopus, et al., Respondents.

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

Decided September 8, 1999.

Per Curiam.

A vacancy was created in the office of Town Justice of the Town of Esopus, Ulster County, in November 1996 when respondent Robert W. Jordan, who had been elected in November 1995, resigned from that office to qualify for a State pension. He was then appointed acting Town Justice and the office was placed on the ballot for the November 1997 general election with Jordan as a candidate. Pursuant to Election Law § 7-108 (2), the heading on the ballot...

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