MAX v. WARD

750.1 CAE 13-00619.

107 A.D.3d 1597 (2013)

967 N.Y.S.2d 557

2013 NY Slip Op 4523

In the Matter of FRANK C. MAX, JR., Candidate Aggrieved, and as Chairman of Town of Cheektowaga Democratic Committee and Another, et al., Appellants, v. DENNIS E. WARD, Individually and in His official Capacity as Erie County Board of Elections Commissioner and Others, et al., Respondents, et al., Respondent.

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

Decided June 14, 2013.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motions of respondents-defendants to the extent that they sought dismissal of the third, fifth, and sixth causes of action, reinstating those causes of action, and granting judgment in favor of respondents-defendants as follows:

It is adjudged and declared that Election Law § 2-104 has not been shown to be unconstitutional as applied to petitioners-plaintiffs...

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