Matter of Fergusonv.McNab

Court of Appeals of the State of New YorkAug 30, 1983
60 N.Y.2d 598 (N.Y. 1983)

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Argued August 29, 1983

Decided August 30, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS V. MALLON, J.

Herbert L. Haas for appellant.

Thomas J. Spargo for respondents.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Respondent candidate having two residences may choose one to which she has legitimate, significant and continuing attachments as her residence for purposes of the Election Law. ( Matter of Gallagher v Dinkins, 32 N.Y.2d 839; Election Law, § 1-104, subd 22.) We find that the determination of the Appellate Division more nearly comports with the evidence that respondent Lorraine A. Santoianni has chosen her Huntington address.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

Order affirmed, without costs, in a memorandum.