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Ferguson v. McNab

60 N.Y.2d 598 Court N.Y. Decision date 1983-08-30 English

Contents

Majority

p. 598
In the Matter of George A. Ferguson, Appellant, v Everett F. McNab et al., Constituting the Board of Elec
p. 599
tions of the County of Suffolk, and Lorraine A. Santoianni et al., Respondents.
Argued August 29, 1983;
decided August 30, 1983
p. 600
APPEARANCES OF COUNSEL
Herbert L. Haas for appellant.
Thomas J. Spargo for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Respondent candidate having two residences may choose one to which she has legitimate, significant and continuing attachments as her residence for purposes of the Election Law. (Matter of Gallagher v Dinkins, 32 NY2d 839 ; Election Law, § 1-104, subd 22.) We find that the determination of the Appellate Division more nearly comports with the evidence that respondent Lorraine A. Santoianni has chosen her Huntington address.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed, without costs, in a memorandum.

Cases cited

Statutes and regulations cited