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MATTER OF MARCOCCIA v. SUFFOLK COUNTY BOARD OF ELECTIONS

309 A.D.2d 958 (2003)

766 N.Y.S.2d 567

In the Matter of LOUIS J. MARCOCCIA, Respondent, v. SUFFOLK COUNTY BOARD OF ELECTIONS, Respondent, and TOWN OF BROOKHAVEN, Appellant.

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

Decided October 28, 2003.

Ordered that the application is denied; and it is further,

Ordered that the final order and judgment is modified, as a matter of discretion, by deleting from the fourth decretal paragraph thereof the provision awarding costs and disbursements to the petitioner and substituting therefor a provision stating that no party shall recover costs or disbursements; as so modified, the final order and judgment is affirmed, without...

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