IN THE MATTER OF TOWNS v. JOSEPH


10 A.D.3d 435 (2004)

780 N.Y.S.2d 738

In the Matter of DARRYL C. TOWNS, Appellant, et al., Petitioners, v. CYRIL F. JOSEPH, Respondent, et al., Respondents.

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

Decided August 19, 2004.


Ordered that the final order is reversed insofar as appealed from, on the law, without costs or disbursements, the petition designating Cyril F. Joseph is invalidated, and the Board of Elections of the City of New York is directed to remove the name of Cyril F. Joseph from the appropriate ballots.

Under the circumstances of this case, as it appears that Cyril F. Joseph was evading service of process when he closed the door on the process server, we find that service...

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