Capobianco v. Ambach

Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered February 20, 1985 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Education vacating the results of a school board election and ordering that a new election be held.

This proceeding has its origin in a May 1, 1984 election for two positions on the Glen Cove City School District Board of Education (Board). Petitioner finished second by one vote over David Levine, the third candidate, who instituted a…