Vitaliano v. D' Emic

In a proceeding, inter alia, pursuant to Election Law § 16-102 to invalidate petitions designating Eric N. Vitaliano as the candidate of the Fare Deal Party for the public office of Representative in Congress from the 13th Congressional District in the general election to be held on November 4, 1997, the appeal is from so much of an order of the Supreme Court, Kings County (Garry, J.), dated October 9, 1997, as denied the petition and dismissed the proceeding.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the petition is granted, the…