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Matter of Gambino v. Melillo

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1995
218 A.D.2d 771 (N.Y. App. Div. 1995)

Opinion

August 23, 1995

Appeal from the Supreme Court, Kings County (Scholnick, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The appellants challenged the designating petition of the respondents, claiming that certain of the candidates for the position of Republican Party County Committee Member from the 47th Assembly District did not knowingly consent to having their names placed on the ballots. The petition was properly dismissed since, as conceded in the appellants' brief, these candidates signed written consent forms which clearly stated that each candidate "consent[ed] to be a candidate for the party position of Republican Party County Committee Member" (see, Matter of Johnson v. Bagliore, 218 A.D.2d 775 [decided herewith]; cf., Matter of Richardson v. Luizzo, 64 A.D.2d 942, affd 45 N.Y.2d 789; Matter of Gucciardo v. Meyers, 196 A.D.2d 615).

Moreover, we decline to disturb the finding of the trial court that the appellants failed to prove fraud on the part of the respondents (see, Matter of Eve v. Mahoney, 45 A.D.2d 945).

The appellants' remaining contention is without merit. Bracken, J.P., O'Brien, Santucci, Joy and Friedmann, JJ., concur.


Summaries of

Matter of Gambino v. Melillo

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1995
218 A.D.2d 771 (N.Y. App. Div. 1995)
Case details for

Matter of Gambino v. Melillo

Case Details

Full title:In the Matter of FRANK GAMBINO et al., Appellants, v. JOHN MELILLO et al.…

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

Date published: Aug 23, 1995

Citations

218 A.D.2d 771 (N.Y. App. Div. 1995)
630 N.Y.S.2d 950

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Matter of Johnson v. Bagliore

The appellants challenged the designating petition, claiming that certain of the candidates for the position…