IN THE MATTER OF ELGIN v. SMITH


10 A.D.3d 483 (2004)

781 N.Y.S.2d 182

In the Matter of EVAN E. ELGIN, Appellant, v NANCY L. SMITH, et al., as Commissioners of Elections and Constituting the Niagara County Board of Elections, et al., Respondents. (Appeal No. 2.)

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

Decided August 18, 2004.


It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is granted in its entirety and the designating petition is invalidated in its entirety.

Memorandum:

Petitioner, an enrolled member of the Independence Party, commenced this proceeding pursuant to Election Law § 16-102 seeking to invalidate the designating petition for Judicial Delegates and Alternate Judicial...

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