Legal Opinion

DeCaprio v. Rockland County Board of Elections

New York Supreme Court

Decided August 8, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Victor J. Alfieri, Jr., J.

Petitioner (hereinafter DeCaprio or petitioner), the incumbent Democratic candidate for Justice of the Village of Haverstraw, by order to show cause and petition, commenced this proceeding pursuant to Election Law article 16 to invalidate the designating petition of respondent Victor G. Daly-Rivera (hereinafter Daly-Rivera or respondent), a Democratic candidate for the same position. DeCaprio claims that “Daly-Rivera is not eligible to hold office in the Village of Haverstraw because he is not a resident of the Village of Haverstraw.” (See exhibit…

2Cases cited4 opinions

  1. Desiderio v. OchsNew York Court of Appeals · 2003
  2. Keith v. KingAppellate Division of the Supreme Court of the State of New York · 1995
  3. Independence Party v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2006
  4. Olma v. DaleAppellate Division of the Supreme Court of the State of New York · 2003

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