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SMITH v. SULLIVAN

9587-2012.

38 Misc.3d 727 (2012)

959 N.Y.S.2d 588

2012 NY Slip Op 22368

RICHARD J. SMITH, Petitioner, v. ROSEANNE SULLIVAN et al., Respondents. ROSEANNE SULLIVAN, Petitioner, v. RICHARD J. SMITH et al., Respondents.

Supreme Court, Orange County.

December 11, 2012.

Attorney(s) appearing for the Case

Bonacic, Krahulic, Cuddeback, McMahon & Brady, LLP, Middletown ( Langdon Chapman and Damian Brady of counsel), for Richard J. Smith, petitioner in the first above-entitled proceeding and respondent in the second above-entitled proceeding. Jonathan Jacobson , A. Joshua Ehrlich and Jonathan Chase , New Windsor, for Roseanne Sullivan, respondent in the first above-entitled proceeding and petitioner in the second above-entitled proceeding. David L. Darwin , County Attorney, Goshen ( Sharon Worthy-Spiegl of counsel), for Orange County Board of Elections and others, respondents.

OPINION OF THE COURT

PAUL I. MARX, J.

These two Election Law proceedings were commenced simultaneously, or nearly so, by Richard J. Smith1 and Roseanne Sullivan,2 the candidates in the special election3 for the office of county legislator in the 18th District of Orange County, each of whom presented an order to show cause to me for signature on November 19, 2012. In essence...

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