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Kedzielawa v. Smolinski

133 A.D.2d 517 Court N.Y. App. Div. Decision date 1987-09-30 English

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p. 517
In the Matter of Frank S. Kedzielawa, Appellant, v Philip D. Smolinski et al., Constituting the Erie County Board of Elections, et al., Respondents. In the Matter of Francis B. Pritchard, Respondent, v Edward J. Mahoney et al., Constituting the Erie County Board of Elections, Respondents, and Frank S. Kedzielawa, Appellant.

Order unanimously affirmed without costs. Memorandum: Special Term properly dismissed the petition as jurisdictionally defective, since the papers were served by petitioner himself (CPLR 2103 [a]; Matter of Wein v Thomas, 51 NY2d 862 ). (Appeal from order of Supreme Court, Erie County, Gossel, J.—Election Law.) Present—Doerr, J. P., Denman, Boomer, Balio and Davis, JJ. (Order entered Aug. 21, 1987.)