MATTER OF TINARI v. THURY


308 A.D.2d 426 (2003)

764 N.Y.S.2d 359

In the Matter of FRANK A. TINARI, Appellant, v. RICHARD L. THURY et al., Respondents.

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

Decided September 2, 2003.


Ordered that the final order is reversed, on the law, without costs or disbursements, the petition is granted, the certificate of substitution is invalidated, and the Suffolk County Board of Elections is directed to remove the name of Thomas G. Teresky from the appropriate ballot.

The Supreme Court erred in denying the petition and dismissing the proceeding. The certificate of substitution designating Thomas G. Teresky in place of Brian K. Tuohey, who, on July 11...

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