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MATTER OF SAUER v. SPRINGBROOK FIRE DISTRICT OF TOWN OF ELMA

284 A.D.2d 1016 (2001)

726 N.Y.S.2d 511

In the Matter of EDWARD R. SAUER, Respondent, v. SPRINGBROOK FIRE DISTRICT OF TOWN OF ELMA et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 8, 2001.

Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Petitioner lost the election for the position of fire commissioner of respondent Springbrook Fire District in the Town of Elma on December 12, 2000 by one vote. He commenced this proceeding seeking to set aside the election on the ground that one of the votes was cast by a person who allegedly resides outside of the fire district...

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