Austin v. Delligatti

OPINION OF THE COURT

Vincent R. Balletta, Jr., J.

This proceeding was commenced pursuant to CPLR article 4 by order to show cause by the petitioner Leonard B. Austin, the Democratic candidate for Supervisor of the Town of Oyster Bay, seeking an order declaring, inter alia, that certain conduct of the respondents is false and fraudulent.

The petitioner contends that various campaign signs and *531literature which contain the word "return” with respect to Angelo Delligatti are false and fraudulent since Mr. Delligatti is not the incumbent Supervisor of the Town of Oyster Bay. He requests that this…