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Matter of Schwarzfeld v. D'Apice

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1987
133 A.D.2d 203 (N.Y. App. Div. 1987)

Opinion

August 20, 1987

Appeal from the Supreme Court, Westchester County (Coppola, J.).


Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

In this matter the Supreme Court sustained the finding of the Board of Elections that a petition purporting to designate Neal Schwarzfeld as Democratic candidate for the public office of Member of the County Legislature from the 11th Legislative District, contained an insufficient number of valid signatures. The court, however, then granted the candidate's request to give enrolled voters of the Democratic Party an opportunity to ballot (see, Election Law § 16-100). Under the circumstances of this case we conclude that the court did not abuse its discretion in so doing (see, Matter of Brown v. Ulster County Bd. of Elections, 48 N.Y.2d 614, 616). Brown, J.P., Weinstein, Eiber and Kooper, JJ., concur.


Summaries of

Matter of Schwarzfeld v. D'Apice

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1987
133 A.D.2d 203 (N.Y. App. Div. 1987)
Case details for

Matter of Schwarzfeld v. D'Apice

Case Details

Full title:In the Matter of NEAL SCHWARZFELD, Respondent, v. ANTONIA D'APICE et al.…

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

Date published: Aug 20, 1987

Citations

133 A.D.2d 203 (N.Y. App. Div. 1987)

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