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eBook details

• Title: Matter Theresa B. Cooke Et Al. v. Thomas F. Donohue Et Al.
• Author : Supreme Court of New York
• Release Date : January 29, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

[49 A.D.2d 794 Page 794] Cross appeals from a judgment of the Supreme Court at Special Term, entered September 5, 1975 in Albany County, in a proceeding pursuant to section 330 of the Election Law, which denied petitioners' application for, among other things, a declaration that the petition designating them as candidates of the Liberal Party for the offices of County Executive and County Comptroller, respectively, of Albany County, is valid. Petitioners, who are not enrolled members of the Liberal Party, have secured authorization from the State Executive Committee of the Liberal Party to run as that party's candidates for the offices of County Executive and County Comptroller, respectively, of Albany County (Election Law, § 137, subd 4). Approval from the State committee rather than the county committee was sought because respondent, Board of Elections had, in 1974, accepted sufficient unacknowledged declinations from proposed Liberal Party county committeemen which apparently foreclosed the possibility of a duly constituted county committee. (Election Law, § 12, subd 2). Respondent Board of Elections refused to accept petitioners' designating petition contending that its 1974 acceptance of declinations was unauthorized, that therefore a county committee duly existed, and that petitioners should have obtained the county [49 A.D.2d 794 Page 795]

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