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MATTER OF BROCATO v. TINARI

2016-09962, Index No. 9133/16.

157 A.D.3d 782 (2018)

69 N.Y.S.3d 347

2018 NY Slip Op 00286

In the Matter of CHRISTOPHER BROCATO, as a Duly Registered Voter of the Conservative Party of New York State and as a Duly Elected Member of the County Committee of the 37th Election District of the Town of Brookhaven, Suffolk County, New York, et al., Appellants, v. FRANK TINARI, as 1st Vice-Chairman Holding Himself out as Chairman of the Suffolk County Committee of the Conservative Party of New York State, et al., Respondents, et al., Respondents.

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

Decided January 17, 2018.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and it is declared that the respondents Frank Tinari and Executive Committee of the Suffolk County Committee of the Conservative Party of New York State do not have the authority to fill the subject vacancies in the Suffolk County Committee of the Conservative Party of New York State.

On September 13, 2016, a primary election was held in which voters registered in the Conservative...

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