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IN THE MATTER OF RICHARDS v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK

54 A.D.3d 430 (2008)

862 N.Y.S.2d 297

In the Matter of DONOVAN J. RICHARDS, JR., Appellant, v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK, Respondent, and ERIC L. DEBERRY, Respondent.

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

August 20, 2008.

Ordered that the final order is reversed, on the law, without costs or disbursements, the oral motion to dismiss the petition is denied, the proceeding is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a hearing forthwith on all of the issues raised in this proceeding, and a determination thereafter.

Under the circumstances of this case, the Supreme Court erred in failing to consider any...

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