Brodsky v. Hayduk — 71 A.D.2d 936

Majority

p. 936

In the Matter of Richard Brodsky, Respondent, v Albert T. Hayduk et al., Constituting the Board of Elections of the County of Westchester, Respondents, and John P. McGloine, Appellant. In the Matter of Burton Siegel, Respondent, v Albert T. Hayduk et al., Constituting the Board of Elections of the County of Westchester, Respondents, and John P. McGloine, Appellant.

In consolidated proceedings, inter alia, to invalidate petitions designating John P. McGloine as a candidate in the Republican Party primary to be held on September 11, 1979, for the public office of County Legislator, 9th Legislative District, the appeal is from a judgment of the Supreme Court, Westchester County, entered August 20, 1979, which, after a hearing, granted the applications. Judgment affirmed, without costs or disbursements. The findings of fact made by Special Term are sustained by the evidence (see Matter of Nobles v Grant, 57 AD2d 600 , affd 41 NY2d 1048 ; Matter of Berger v Acito, 64 AD2d 949 , 950). Mollen, P. J., O’Connor, Rabin, Shapiro and Gibbons, JJ., concur.

Cases cited

Berger v. Acito 64 AD2d 949 N.Y. App. Div. 1978-08-25 at 950 p. 936