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Ospelt v. Chetney

84 A.D.2d 964 Court N.Y. App. Div. Decision date 1981-11-13 English

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p. 964
In the Matter of Marianne F. Ospelt et al., Appellants, v Robert Chetney et al., Constituting the Oswego County Board of Elections, and James V. Jeffrey, as Candidate for Election to a Town Office as Designated by the Democratic Party, et al., Respondents. (And Three Other Actions Consolidated.)

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

p. 965
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 of the Election Law. (Appeal from order of Onondaga Supreme Court, McLaughlin, J. — Election Law.) Present — Dillon, P. J., Callahan, Doerr, Denman and Schnepp, JJ. (Order entered Oct. 26, 1981.)

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