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MATTER OF FOSS v. McLEAN

1 Misc.3d 783 (2003)

771 N.Y.S.2d 298

In the Matter of HUGH FOSS, Petitioner, v. RONALD McLEAN et al., Constituting the Board of Fire Commissioners of the Roosevelt Fire District, Respondents.

Supreme Court, Nassau County.

October 22, 2003.

Attorney(s) appearing for the Case

Cooke & Clarke, Hempstead (Lance Clarke of counsel), for respondents.

Ewing & Palmeri, LLP, Westbury, for petitioner.

OPINION OF THE COURT

GEORGE R. PECK, J.

Ordered that petitioner's application for a judgment pursuant to article 78 of the CPLR, setting aside the election of Fire Commissioner for the Roosevelt Fire District, and the respondent's motion for an order dismissing the within action are determined as follows:

In the majority of instances in New York State, for an individual to seek elective office, he...

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