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MATTER OF TURDIK v. BERNSTEIN

2011-07459.

87 A.D.3d 748 (2011)

928 N.Y.S.2d 866

2011 NY Slip Op 6385

In the Matter of JOSPEH A. TURDIK et al., Respondents, v. IRA L. BERNSTEIN, Appellant, and ANITA S. KATZ et al., Respondents, et al., Respondents.

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

Decided August 30, 2011.

Ordered that the final order is affirmed, without costs or disbursements.

The Suffolk County Board of Elections (hereinafter the Board of Elections) determined that a petition designating Ira L. Bernstein as a candidate was invalid, and no judicial proceeding was ever commenced seeking to validate that designating petition. Since, pursuant to Election Law § 6-148 (1), a valid designating petition is a prerequisite to the creation of a vacancy (see Testa v...

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