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Ernewein v. Pordum

96 A.D.2d 1014 Court N.Y. App. Div. Decision date 1983-08-25 English

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p. 1014
James J. Ernewein et al., Respondents, v Frederick F. Pordum, as Democratic Candidate for the Office of Mayor of City of Lackawanna, et al., Appellants, and Joseph F. Crangle et al., Constituting the Candidates Committee on Vacancies, Respondents.

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree for the reasons stated at Special Term that respondent Pordum is ineligible to assume the office of Mayor of the City of Lackawanna because he was convicted of a crime of moral turpitude; however, the court erroneously invalidated the entire petition. The petition is valid insofar as it designated a committee to fill vacancies (see Matter of Owens v Sharpton, 45 NY2d 794 ). (Appeals from order of Erie Supreme Court, Ostrowski, J. — Election Law.) Present — Doerr, J. P., Denman, Boomer, Green and Schnepp, JJ.

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