MATTER OF CAMPBELL v. TUNNY


196 Misc.2d 860 (2003)

764 N.Y.S.2d 163

In the Matter of MEGHAN M. CAMPBELL, Petitioner, v. PETER B. TUNNY, as Purported Republican Candidate for the Public Office of Albany County Legislator, Legislative District No. 23, County of Albany, New York, et al., Respondents.

Supreme Court, Albany County.

August 4, 2003.


Attorney(s) appearing for the Case

Bloomberg & Magguilli, Albany (Michael C. Magguilli of counsel), for petitioner.

Tabner, Ryan & Keniry, Albany (John W. Tabner of counsel), for Peter B. Tunny and others, respondents.

Michael C. Lynch, County Attorney, Albany (Craig A. Denning of counsel), for Michael J. Monescalchi and another, as Commissioners of the Albany County Board of Elections, respondents.


OPINION OF THE COURT

THOMAS J. SPARGO, J.

Petitioner requests a judgment declaring that the designating petition of Peter B. Tunny for designation as candidate of the Republican Party for the public office of Albany County Legislator, Legislative District No. 23, County of Albany, is invalid for the following reasons:

1. Tunny has not resided in the 23rd District for at least one year prior to the...

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