Swanson v. Sunderland

— In a proceeding to set aside the results of a primary election for the nomination of the Conservative Party for the public office of County Legislator in the Third County Legislative District in Westchester County held on September 12, 1991, and to direct that a new primary election be held, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), dated October 10, 1991, which, after a hearing, dismissed the proceeding and awarded costs and disbursements to the respondent Edward J. Brady.

Ordered that the judgment is modified, as a matter of discretion,…