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Matter of Santoro v. Kujawa

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 534 (N.Y. App. Div. 1987)

Opinion

September 30, 1987

Appeal from the of Supreme Court, Monroe County, Tillman, J.

Present — Callahan, J.P., Doerr, Boomer and Lawton, JJ. (Order entered Sept. 3, 1987.)


Order unanimously reversed without costs and motion denied. Memorandum: Although the court has the authority to order an opportunity to ballot as justice requires, particularly where a candidate's petitions have been invalidated by technical challenge (Matter of Hunting v. Power, 20 N.Y.2d 680; Matter of Hochberg v. D'Apice, 112 A.D.2d 1067, 1068, affd 65 N.Y.2d 960), here we consider the challenge, which was sustained by the court, to be more than technical. Hence, we find no equitable basis for the order directing a write-in primary.


Summaries of

Matter of Santoro v. Kujawa

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 534 (N.Y. App. Div. 1987)
Case details for

Matter of Santoro v. Kujawa

Case Details

Full title:In the Matter of NICHOLAS R. SANTORO et al., Respondents, v. DOLORES…

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

Date published: Sep 30, 1987

Citations

133 A.D.2d 534 (N.Y. App. Div. 1987)

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