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MATTER OF BRESLIN v. CONNERS

4 Misc.3d 952 (2004)

781 N.Y.S.2d 217

In the Matter of NEIL D. BRESLIN, Petitioner, v. MICHAEL F. CONNERS II et al., Candidates for the Republican Party Nomination for State Senator, New York State Senate District 46, et al., Respondents.

Supreme Court, Albany County.

August 6, 2004.

Attorney(s) appearing for the Case

James E. Long, Albany, for petitioner.

Tabner, Ryan & Keniry, Albany (John W. Tabner of counsel), for Michael F. Conners II and others, respondents.

Michael C. Lynch, County Attorney, for Albany County Board of Elections, respondent.

OPINION OF THE COURT

THOMAS J. SPARGO, J.

Petitioner Neil D. Breslin is the Democrat candidate in the 2004 general election for State Senator from the 46th Senate District which comprises all of Albany County and is coterminus with Albany County.

Breslin commenced this proceeding pursuant to section 16-102 of the Election Law, contending that he is an aggrieved candidate, to challenge the substitution of the respondent Michael F. Conners II as the...

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