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MATTER OF McGUIRE v. GAMACHE

5 N.Y.3d 444 (2005)

840 N.E.2d 107

806 N.Y.S.2d 138

In the Matter of SUSAN McGUIRE, Respondent, v. DAVID GAMACHE et al., Constituting the Dutchess County Board of Elections, Respondents, and ALISON E. MacAVERY, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 2005.

Attorney(s) appearing for the Case

Feeney Centi & Mackey, Albany (L. Michael Mackey of counsel), for appellant.

John Ciampoli, Albany, for respondents.

Before: Chief Judge KAYE and Judges CIPARICK, ROSENBLATT and READ concur with Judge GRAFFEO; Judge G.B. SMITH dissents and votes to reverse in a separate opinion in which Judge R.S. SMITH concurs.

OPINION OF THE COURT

GRAFFEO, J.

As a candidate for the office of member, Dutchess County Legislature, District 16, petitioner Susan McGuire commenced this Election Law § 16-102 proceeding seeking to invalidate the independent petitions nominating respondent Alison E. MacAvery as a candidate of the Senior Citizens Party for the same office. Finding a defect on several pages of the petitions, Supreme Court invalidated the petitions. The Appellate Division...

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