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MTR. OF BOSCHETTI v. MACKAY

192 Misc.2d 679 (2002)

748 N.Y.S.2d 841

In the Matter of LOUIS BOSCHETTI et al., as Aggrieved Candidates, Petitioners, v. FRANK M. MacKAY et al., Respondents.

Supreme Court, Suffolk County.

August 22, 2002.

Attorney(s) appearing for the Case

James A. Gowan, West Islip, for Frank MacKay and others, respondents.

Robert J. Cimino, County Attorney, Hauppauge (Garrett W. Swenson, Jr., of counsel), for Barbara P. Barci and another, as Commissioners of the Board of Elections of the County of Suffolk, respondents.

Arnold B. Firestone, P.C., Hauppauge, for Louis Boschetti and others, petitioners.

Lite & Russell, West Islip, for Arnold B. Firestone and another, petitioners.

OPINION OF THE COURT

DONALD KITSON, J.

Petitioners, as aggrieved candidates, seek to declare the designating petitions of the respondents as invalid. Respondents move to dismiss the petition.

Dismissal

Respondents seek to dismiss the petition based on the following grounds:

(1) Standing; (2) Lack of ripeness; (3) Filing/noncompliance with CPLR 203 (c) (1);...

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