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MASIELLO v. BOES

No. 3014-09, Motion Sequence #01

2009 NY Slip Op 30551 (U)

JOSEPH A. MASIELLO, Candidate Aggrieved, and LOU NEZIRI, Candidate Aggrieved, Petitioners, v. JOAN M. BOES, WILLIAM B. WISE, and PETER I. CAVALLARO, and TED A. BLACH, Village Clerk for the Incorporated Village of Westbury, ERNEST J. STRADA, STEVEN L. CORTE, and LAWRENCE W. BOES, constituting the Action Party Committee to Fill Vacancies, and WILLIAM BIAMONTE and JOHN A. DEGRACE, Commissioners, constituting the Nassau County Board of Elections, Respondents.

Supreme Court of the State of New York, Nassau County.

March 3, 2009.

Attorney(s) appearing for the Case

Lynn, Gartner & Dunne, LLP, Mineola, NY, Attorneys for Petitioners.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola, NY, Attorneys for Respondents Joan M. Boes, William B. Wise and Peter I. Cavallaro.

Kraemer & Mulligan, Esqs. Westbury, NY, Attorneys for Respondent Ted A. Blach.

Lawrence W. Boes, Esq. Westbury, NY, Attorney for Respondents Ernest J. Strada, Steven L. Corte and Lawrence W. Boes.

ORDER AND JUDGMENT

WILLIAM R. LaMARCA, Judge.

Petitioners, JOSEPH A. MASIELLO and LOU NEZIRI, Candidates Aggrieved, petition the Court in this proceeding, commenced by order to show cause dated February 20, 2009, for an order declaring invalid and legally insufficient the "acceptances" of the candidates of the ACTION Party, respondents JOAN M. BOES and WILLIAM B. WISE, for the public office of Trustee of the Incorporated Village of Westbury for a four (4...

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