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CAVALLARO v. SCHIMEL

194 Misc.2d 788 (2003)

755 N.Y.S.2d 809

PETER CAVALLARO, Petitioner, v. MICHELLE SCHIMEL, as Town Clerk of the Town of North Hempstead, Respondent.

Supreme Court, Nassau County.

February 3, 2003.

Attorney(s) appearing for the Case

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola (Peter A. Bee of counsel), for petitioner.

Bonnie P. Chaikin, Town Attorney, Manhasset, and Jaspen Schlesinger Hoffman LLP, Garden City (Steven R. Schlesinger of counsel), for respondent.

OPINION OF THE COURT

EDWARD W. McCARTY, III, J.

Facts

The genesis of this Election Law case took place on October 29, 2002 when the petitioner, pursuant to Town Law § 81, filed in the Town of North Hempstead a petition captioned: "Shall the Ward System be established for the election of Councilmen/ Councilwomen in the Town of North Hempstead?" The petition was filed with Michelle Schimel, the Town...

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