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Matter of Fiore v. Hecht

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1971
37 A.D.2d 772 (N.Y. App. Div. 1971)

Opinion

September 1, 1971


In a proceeding pursuant to section 330 of the Election Law, judgment of the Supreme Court, Dutchess County, dated August 30, 1971, which dismissed appellants' petition to invalidate designating petitions nominating respondent as mayoral candidate of the Democratic Party, reversed on the law, without costs, and petition granted to the extent of invalidating the said designating petition. In our opinion, the respondent was not an enrolled member of the Democratic Party when the designating petitions were filed ( Matter of Roosevelt v. Power, 22 Misc.2d 1074, revd. 10 A.D.2d 943, revd. 8 N.Y.2d 869; cf. Matter of O'Connor v. Power, 22 N.Y.2d 772). Further, respondent was not a resident of the district at the time the petition was filed. Munder, Shapiro, Gulotta and Benjamin, JJ., concur; Rabin, P.J., not voting.


Summaries of

Matter of Fiore v. Hecht

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1971
37 A.D.2d 772 (N.Y. App. Div. 1971)
Case details for

Matter of Fiore v. Hecht

Case Details

Full title:In the Matter of LOUIE O. FIORE et al., Appellants, v. ALBERT L. HECHT et…

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

Date published: Sep 1, 1971

Citations

37 A.D.2d 772 (N.Y. App. Div. 1971)