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MATTER OF NEW YORK STATE COMM. OF INDEPENDENCE PARTY v. MOHR

822 CAE 13-01369.

2013 NY Slip Op 05650

IN THE MATTER OF NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY, EXECUTIVE COMMITTEE OF THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY, FRANK M. MACKAY, CHAIRMAN, NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY, WILLIAM BOGARDT, SECRETARY, NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY AND PATRICK J. KEEM, A CANDIDATE AGGRIEVED, Petitioners-Plaintiffs-Appellants, v. RALPH M. MOHR AND DENNIS E. WARD, COMMISSIONERS OF AND CONSTITUTING ERIE COUNTY BOARD OF ELECTIONS, MARY ROSE GAUGHAN, KENNETH R. WALSH, JANIS A. COLARUSSO, LYNMARIE PHILLIPS AND RONALD R. FRASER, Respondents-Defendants-Respondents, ET AL., Respondents-Defendants.

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

Released August 15, 2013.

Attorney(s) appearing for the Case

BOUVIER PARTNERSHIP, LLP, BUFFALO ( EMILIO COLAIACOVO OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

LOVALLO & WILLIAMS, BUFFALO ( TIMOTHY R. LOVALLO OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT JANIS A. COLARUSSO.

SHAWN P. MARTIN , WEST SENECA, FOR RESPONDENTS-DEFENDANTS-RESPONDENTS LYNMARIE PHILLIPS AND RONALD R. FRASER.

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, WHALEN, AND MARTOCHE, JJ.

Appeal from a judgment (denominated decision) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 12, 2013 in a proceeding pursuant to the Election Law and CPLR article 78 and declaratory judgment action. The judgment denied and dismissed the petition/complaint.

It is hereby ORDERED that said appeal insofar as taken by petitioners-plaintiffs New York State Committee of the Independence Party, Executive Committee of the New York State Committee...

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