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IN THE MATTER OF RAGUSA v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK

57 A.D.3d 807 (2008)

869 N.Y.S.2d 606

In the Matter of PHILIP RAGUSA, Appellant, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK et al., Respondents, FRANK PADAVAN, Appellant, and JAMES GENNARO, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

December 22, 2008.

Ordered that the order is modified, on the law, (1) by adding the words "as premature" after the words "petitioner's motion is denied," (2) by deleting the provision thereof granting the cross motion and substituting therefor a provision denying the cross motion as premature, and (3) by adding thereto a provision remitting the matter to the Board of Elections in the City of New York for further proceedings; as so modified, the order is affirmed, without costs or disbursements...

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