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MATTER OF DAVIN v. FELBERMAN

Index No. 31802/2022.

75 Misc.3d 1034 (2022)

172 N.Y.S.3d 807

2022 NY Slip Op 22169

In the Matter of BRITTANY DAVIN and Others, Objectors, et al., Petitioners, v. ARON FELBERMAN, Candidate, et al., Respondents, for an Order Pursuant to Articles 1, 6 and 16 of the Election Law, Including Sections 16-100, 16-102(1), (2) and 16-116 of the Election Law, and CPLR 3001 and Article 78, Declaring Invalid the Democratic Party Certificate of Substitution Purporting to Nominate/Substitute Aron Felberman for the Public Office of Member of the New York State Assembly, 97th Assembly District, New York, in the Primary Election to be Held June 28, 2022, and to Restrain the Said Rockland County Board of Elections from Printing and Placing the Name Aron Felberman upon the Official Ballots of Such Primary and/or General Election.

Supreme Court, Rockland County.

Decided April 29, 2022.

Attorney(s) appearing for the Case

Fusco Law Office, Albany ( Adam Michael Fusco of counsel), for petitioners.

Abrams Fensterman, White Plains ( Jeffrey Aaron Cohen and David Tatsuo Imamura of counsel), for Aron Felberman and others, respondents.

Thomas E. Walsh II , County Attorney, New City ( Venita Whidbee-Jordan of counsel), for Rockland County Board of Elections, respondent.

OPINION OF THE COURT

The papers filed and numbered on NYSCEF (New York State Courts Electronic Filing System) as Document Nos. 1 through 23 were read and considered in this special proceeding brought by Brittany Davin and Carmel Reilly, registered voters, and Michael V. Lawler, Republican candidate (collectively petitioners...

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