MATTER OF DAVIS v. WALSH


21 Misc.3d 567 (2008)

864 N.Y.S.2d 758

In the Matter of JACK DAVIS, as Candidate Aggrieved for the office of Representative in Congress from the 26th Congressional District, Petitioner, v. JAMES A. WALSH et al., Constituting the New York State Board of Elections, Respondents.

Supreme Court, Albany County.

September 18, 2008.


Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York City (Robert M. Harding of counsel), Albany (Michael L. Koenig and Joshua L. Oppenheimer of counsel), for petitioner.

Paul Collins, Albany, for respondents.


OPINION OF THE COURT

RICHARD M. PLATKIN, J.

In this proceeding brought pursuant to article 16 of the Election Law and article 78 of the CPLR, petitioner seeks an order: (1) declaring null and void the determination of respondent State Board of Elections, dated September 5, 2008, that declared untimely and invalid the independent nominating petition of the Save Jobs and Farms Party purporting to nominate petitioner Jack Davis for the office of Representative...

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