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MATTER OF SAWYER v. ALPERT

73 Misc.2d 656 (1973)

In the Matter of David Sawyer, Individually as a Declared Candidate for the Office of Alderman in the Twelfth Ward of the City of Albany, and on Behalf of All Others Similarly Situated as Enrolled Members of the Democratic Party Entitled to Vote in All Elections, Petitioner, v. Howard Alpert et al., Constituting the Board of Elections of the County of Albany, et al., Respondents. In the Matter of Jane Ramos, Individually as a Declared Candidate for the Office of Alderman in the Seventh Ward of the City of Albany, and on Behalf of All Others Similarly Situated as Enrolled Members of the Democratic Party Entitled to Vote in All Elections, Petitioner, v. Howard Alpert et al., Constituting the Board of Elections of the County of Albany, et al., Respondents. In the Matter of Joseph C. Frangella, as Chairman of the Albany County Republican Committee, Petitioner, v. Thomas F. Donohue et al., Constituting the Board of Elections of the County of Albany, Respondents.

Supreme Court, Special Term, Albany County.

April 27, 1973

Attorney(s) appearing for the Case

Harvey & Harvey (Jonathan P. Harvey and David A. Tate of counsel), for David Sawyer, petitioner. Feit, Schlenker & Patack (Harvey & Harvey and David A. Tate of counsel), for Jane Ramos, petitioner. Evariste G. Lavigne for Democratic Party. John W. Tabner for Joseph C. Frangella, petitioner. Louis J. Lefkowitz, Attorney-General (Cornelius F. Donahue of counsel), for State of New York, respondent. Condon A. Lyons, County Attorney, for Board of Elections, respondent.

EDWARD S. CONWAY, J.

The first proceeding is a CPLR article 78 proceeding seeking an order directing the respondent Board of Elections of the County of Albany to accept and file petitioner David Sawyer's designating petition for the office of Alderman of the Twelfth Ward of the City of Albany, and further directing the respondent Board of Elections to call a primary election to be held for the office of Alderman...

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