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MATTER OF AVELLA v. BATT

6 Misc.3d 158 (2004)

785 N.Y.S.2d 305

In the Matter of MICHAEL A. AVELLA, as a Registered Voter of Albany County and as Treasurer of the New York Republican State Committee, et al., Petitioners, v. WILLIAM H. BATT, as Treasurer of Friends of David Soares, et al., Respondents.

Supreme Court, Albany County.

October 14, 2004.

Attorney(s) appearing for the Case

Jeffrey T. Buley, Albany, and Featherstonhaugh, Wiley, Clyne & Cordo, Albany (James D. Featherstonhaugh of counsel), for petitioners.

Mark S. Mishler, Albany, for William H. Batt, respondent.

Richard L. Brodsky, Elmsford, and Jay R. Halfon and Tracy Peel, New York City, for John Kest, as treasurer of Working Families Party, respondent.

Cooper, Erving, & Savage, LLP, Albany (Phillip G. Steck of counsel), for Center For Policy Reform, doing business as Drug Policy Alliance Network, respondent.

William J. McCann, Jr., Peter Kosinski and Stanley L. Zalen, Albany, for New York State Board of Elections, respondent.

OPINION OF THE COURT

BERNARD J. MALONE, Jr., J.

This is a special proceeding brought pursuant to the Election Law seeking a declaration of illegal conduct on the part of the respondents and an order directing the return of contributions.

The petitioners are five enrolled voters in Albany County as follows: Michael A. Avella is the Treasurer of the New York Republican State Committee; Shawn Marie Levine is the Executive Director of the New York State...

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