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Ospelt v. Chetney

84 A.D.2d 666 Court Fourth Department, Decision date 1981-10-26 English

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p. 666
Fourth Department,
October, 1981
(October 26, 1981)
In the Matter of Marianne F. Ospelt et al., Appellants, v Robert Chetney et al., Constituting the Board of Elections of the County of Oswego, and James V. Jeffrey et al., Respondents. (And Three Other Actions.)

Order unanimously affirmed, without costs. Memorandum: Petitioners appeal from an order of Onondaga Supreme Court dismissing petitions in a proceeding to invalidate certificates of nomination designating respondents candidates for various town offices. Petitioners claim that the nominations made by party caucus violated section 6-108 of the Election Law. The petitions were properly dismissed. The party nominations were made in the manner prescribed by the rules of the county committee in compliance with subdivisions 1 and 2 of section 6-108 of the Election Law. We also reject petitioners’ contention that the party membership was excluded from the nominating process since respondents complied with the notice requirements of subdivision 3 of section 6-108. (Appeal from order of Onondaga Supreme Court, McLaughlin, J. — Election Law.) Present — Dillon, P. J., Callahan, Doerr, Denman and Schnepp, JJ.

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