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McDowell v. Werbalowsky

33 A.D.2d 974 Court Third Department, Decision date 1969-10-20 English

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p. 974
Third Department,
October, 1969
(October 20, 1969)
In the Matter of Warren J. McDowell, Appellant, v. Seymour Werbalowsky et al., as Commissioners of the Board of Election of the County of Ulster, Respondents, and George Majestic, Respondent.

Order of the Supreme Court at Special Term, entered October 16, 1969 in Ulster County, which, in a proceeding under section 330 of the Election Law, permitted the Committees on Vacancies of the Democratic Party and the Anti-Sales Tax Party to file certificates designating respondent Majestic as their candidate for the office of Supervisor of the Town of Gardiner to fill a vacancy, affirmed without costs. Since said respondent’s purported designation as a candidate for the office of county legislator has been invalidated, he is no longer disqualified as a candidate for the town office. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum Per Curiam.