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IN THE MATTER OF FEHRMAN v. NEW YORK STATE BOARD OF ELECTIONS

10 N.Y.3d 759 (2008)

883 N.E.2d 1008

854 N.Y.S.2d 101

In the Matter of ROBERT FEHRMAN et al., Petitioners, v. NEW YORK STATE BOARD OF ELECTIONS et al., Respondents. (Proceeding No. 1.) In the Matter of DARREL AUBERTINE, Respondent, v. OSWEGO COUNTY INDEPENDENCE PARTY INTERIM COUNTY ORGANIZATION et al., Respondents, and NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY OF NEW YORK et al., Appellants. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided February 25, 2008.

Attorney(s) appearing for the Case

A. Joshua Ehrlich, Albany, for New York State Committee of the Independence Party of New York and others, appellants.

John Ciampoli, Albany, for Will Barclay, appellant.

Martin E. Connor, Brooklyn, for Darrel Aubertine, 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, insofar as appealed from, should be reversed, without costs, the proceeding to invalidate the nomination of Will Barclay dismissed and the injunction preventing the State Board and County Boards of Elections from placing Barclay's name on the ballot vacated.

On the facts of this case, Darrel Aubertine, a nonmember of the Independence Party, lacked standing to challenge that party...

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