Appellate Division of the Supreme Court of New York, 1978

Montano v. Board of Elections

Montano v. Board of Elections
Appellate Division of the Supreme Court of New York · Decided August 25, 1978
64 A.D.2d 877; 408 N.Y.S.2d 772; 1978 N.Y. App. Div. LEXIS 12762
Montano v. Board of Elections

Opinion of the Court

Judgment, Supreme Court, Bronx County, entered on August 23, 1978, affirmed, without costs and without disbursements. Concur—Kupferman, J. P., Sandler and Sullivan, JJ.; Silverman and Markewich, JJ., dissent and vote to reverse the judgment appealed from and grant the petition to invalidate the candidacy of Edward Martinez, Jr., on the ground that the finding of residence of this candidate in the assembly district at the requisite times is against the weight of the evidence. In this connection see section U46-1.0 of the New York City Administrative Code.

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