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MATTER OF DIAMONDSTONE v. CONNOR

32 A.D.3d 482 (2006)

819 N.Y.S.2d 486

In the Matter of KEN DIAMONDSTONE, Respondent, v. MARTIN E. CONNOR, JR., et al., Appellants, et al., Respondent. (Proceeding No. 1.) In the Matter of MARK STEIN et al., Appellants, v. KEN DIAMONDSTONE, Respondent, et al., Respondent. (Proceeding No. 2.)

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

August 16, 2006.

Ordered that the final order is affirmed, without costs or disbursements.

The Supreme Court properly determined that the candidate was a resident of the 25th Senatorial District for the 12 months immediately preceding the election. The question of residence is a factual one, based on a variety of factors and circumstances (see Matter of Fernandez v Monegro, 10 A.D.3d 429 [2004]; Matter of Markowitz v Gumbs,

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