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MATTER OF DALY v. SUNDERLAND

276 A.D.2d 728 (2000)

715 N.Y.S.2d 150

In the Matter of THOMAS DALY et al., Respondents, v. CAROLEE C. SUNDERLAND et al., Respondents, and PHILLIP A. WERBEL, Appellant.

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

Decided October 25, 2000.

Ordered that the order is affirmed insofar as it directed that Phillip A. Werbel's name be removed from the ballot, without costs or disbursements; and it is further,

Ordered that the appeal is otherwise dismissed, without costs or disbursements, as, under the facts of this case, Phillip A. Werbel is not aggrieved by the remaining portions of the order (see, CPLR 5511).

The record, by clear and convincing evidence, supports the finding of fraud on the...

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