O'Toole v. D'Apice

In a proceeding to invalidate petitions designating Edward J. Fagan, Jr., as a candidate in the Republican and Conservative Party primary elections to be held on September 10, 1985 for the public office of Council-member from the 10th Ward of the City of Yonkers, New York, the appeal is from a judgment of the Supreme Court, Westchester County (Beisheim, J.), dated August 2, 1985, which granted the respondent candidate’s motion to dismiss the proceeding for legal insufficiency.

Judgment affirmed, without costs or disbursements.

Special Term correctly granted a motion by the respondent candidate…