(Download) "Matter John Caralyus Et Al. v. Albert T. Hayduk Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter John Caralyus Et Al. v. Albert T. Hayduk Et Al.
- Author : Supreme Court of New York
- Release Date : January 30, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In a proceeding pursuant to section 16-102 of the Election Law to invalidate a petition nominating appellants as candidates of the Open Door Party in the general election to be held on November 6, 1979, for the public offices of Supervisor and Council Member of the Town of North Salem, the appeal is from a judgment of the Supreme Court, Westchester County, dated October 15, 1979, which, inter alia, granted the application. By order dated October 15, 1979, this court modified the judgment by deleting therefrom the provision which, in effect, held that the nominating petition is invalid as to William E. Ahearn and substituting therefor a provision that the petition is valid as to him and that the Board of Elections is directed to place his name on the ballot. The appeal was otherwise held in abeyance and the proceeding was remitted to Special Term to hear and report on certain specified questions (Matter of Caralyus v Hayduk, 72 A.D.2d 590). Special Term has complied and rendered its report. Judgment further modified, on the law, by deleting therefrom the provision which, in effect, held that the nominating petition is invalid as to Donald P. Mossman, Jr., and substituting therefor a provision that the petition is valid as to him and that the Board of Elections is directed to place his name on the ballot. As so modified and further modified, judgment affirmed, without costs or disbursements. In this years primary election there was a contest for the public office of Council Member of the Town of North Salem. "A person who has voted in a primary election where a candidate was nominated for an office for which such petition purports to nominate a candidate, is disqualified from acting as a subscribing [72 A.D.2d 612 Page 613]
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