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MATTER OF DONOHUE v. CONKLIN

192 Misc.2d 664 (2002)

747 N.Y.S.2d 893

In the Matter of MARY O. DONOHUE, as a Candidate for the Public Office of Lieutenant Governor of the State of New York, et al., Petitioners, v. CAROLEE A. CONKLIN, as the Clerk of the City of Rochester, et al., Respondents.

Supreme Court, Monroe County.

August 9, 2002.

Attorney(s) appearing for the Case

Gates & Adams, Rochester (Daniel M. DeLaus of counsel), Michael A. Avella, Albany, and Jeffrey T. Buley, Albany, for petitioners.

Linda S. Kingsley, Corporation Counsel, Rochester (Jeffrey Eichner of counsel), for Carolee A. Conklin and another respondents.

Charles S. Turner, County Attorney, Rochester (Gerard A. Mitrano of counsel), for Maggie Brooks, as Clerk of the County of Monroe, respondent.

Todd Valentine, Albany, for New York State Board of Elections and others, respondents.

Davidson, Fink, Cook, Kelly & Galbraith, LLP, Rochester (Thomas A. Fink of counsel), for Stacy L. Adams and others, respondents.

Henry T. Berger, New York City, for Daniel Mahony, Jr., intervenor.

Martin E. Connor, Brooklyn, for Stephen C. Miller and others, intervenors.

Arnold Ludwig, Brooklyn, for William Neild, intervenor.

OPINION OF THE COURT

JOHN J. ARK, J.

The undisputed facts are that 30 out-of-state individuals were tenants at 1600 East Avenue in the City of Rochester on or about June 18, 2002 through August 1, 2002 for the specific purpose of working on a political campaign, one task of which was to collect signatures for nominating petitions. The 30 individuals filled out applications for appointments as commissioners of deeds so that they could collect signatures for...

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