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Matter of Simon v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 511 (N.Y. App. Div. 1995)

Opinion

December 11, 1995

Appeal from the Supreme Court, Queens County (Leahy, J.).


Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Queens County for a determination of the petition on the merits.

The Supreme Court erred by dismissing this proceeding for failure to state a cause of action. The petition sets forth facts that support the appellant's claim that there were irregularities that altered the outcome of the election (see, Election Law § 16-102; Matter of Washington v Jenkins, 144 A.D.2d 367; Leon v Martinez, 84 N.Y.2d 83). Miller, J.P., Pizzuto, Joy and Goldstein, JJ., concur.


Summaries of

Matter of Simon v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 511 (N.Y. App. Div. 1995)
Case details for

Matter of Simon v. Board of Elections

Case Details

Full title:In the Matter of LEW M. SIMON, Appellant, v. BOARD OF ELECTIONS OF CITY OF…

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

Date published: Dec 11, 1995

Citations

222 A.D.2d 511 (N.Y. App. Div. 1995)
635 N.Y.S.2d 529

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