MATTER OF CIPRIANO v. GRAVES

2011-07042.

87 A.D.3d 636 (2011)

928 N.Y.S.2d 466

2011 NY Slip Op 6263

In the Matter of PETER E. CIPRIANO, Respondent, v. MATTHEW J. GRAVES, Appellant, et al., Respondents.

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

Decided August 16, 2011.


Ordered that the final order is reversed, on the law, without costs or disbursements, the petition to invalidate is denied, the proceeding is dismissed, and the Board of Elections in the City of New York is directed to place the name of Matthew J. Graves on the appropriate ballot.

The appellant's claim that the petitioner lacked standing to commence this proceeding was raised as an affirmative defense in his answer to the petition. Contrary to the petitioner's contention...

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