Legal Opinion

Marchi v. Acito

Appellate Division of the Supreme Court of the State of New York

Decided November 6, 1980PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Sweeney, J. P.

Petitioner was the incumbent Republican State Senator from the 24th Senatorial District and won re-election to that office in the election held on November 8, 1978. The day prior to election day he filed a complaint with respondents alleging that his Democratic opponent had violated 9 NYCRR 6201.1 (b), a provision of the Fair Campaign Code. This section prohibits the "preparation or distribution of any fraudulent, forged or falsely identified writing”. Specifically, petitioner alleged that his opponent published and distributed a publication stating, inter…

2Cases cited5 opinions

  1. Califano v. SandersSupreme Court of the United States · 1977
  2. United States v. RainesSupreme Court of the United States · 1960
  3. Vanasco v. SchwartzDistrict Court, E.D. New York · 1976
  4. Fehlhaber Corp. v. O'HaraAppellate Division of the Supreme Court of the State of New York · 1976
  5. Stutzman v. FaheyAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by4 opinions

  1. WNYT-TV v. MoynihanAppellate Division of the Supreme Court of the State of New York · 1983
  2. County of Wyoming v. Division of Criminal Justice ServicesAppellate Division of the Supreme Court of the State of New York · 1981
  3. McCormick v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1983
  4. Austin v. DelligattiNew York Supreme Court · 1987

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