Appellate Division of the Supreme Court of New York, 1981

Ospelt v. Chetney

Ospelt v. Chetney
Appellate Division of the Supreme Court of New York · Decided November 13, 1981
84 A.D.2d 964; 446 N.Y.S.2d 719; 1981 N.Y. App. Div. LEXIS 16251
Ospelt v. Chetney

Opinion of the Court

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 *965were 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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