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IN THE MATTER OF ALESSIO v. CAREY

10 N.Y.3d 751 (2008)

883 N.E.2d 352

853 N.Y.S.2d 528

In the Matter of GEORGE P. ALESSIO, JR., Appellant, v. PAUL G. CAREY et al., Respondents.

Court of Appeals of the State of New York.

Decided February 15, 2008.

Attorney(s) appearing for the Case

Cote, Limpert & Van Dayke, LLP, Syracuse (Joseph S. Cote, III, of counsel), for appellant.

Bruce R. Bryan, Syracuse, for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed without costs and the case remitted to that Court for the consideration of issues raised, but not determined, on the appeal below.

Contrary to the Appellate Division's view, Supreme Court did have subject matter jurisdiction over this special proceeding, brought pursuant to Election Law § 16-106 (5).

Petitioner was a candidate for Town Justice of...

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