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Fratello v. Kruger 1978

Fratello v. Kruger 1978

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Published by: thebrooklynpolitics on Mar 12, 2011
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Fratello v. Kruger
64 A.D.2d 937, 408 N.Y.S.2d 137N.Y.A.D.,1978.August 24, 1978Supreme Court, Appellate Division, Second Department, New York.In the Matter of Maxine FRATELLO, Appellant,v.Carl KRUGER et al., Respondents.Aug. 24, 1978.Petitioner brought proceeding to validate petitions designating her as candidatein primary election for party office of state committeeman. The Supreme Court,Kings County, Frank J. Pino, J., denied petition for lack of jurisdiction and directedboard of elections to remove petitioner's name from appropriate ballot, andpetitioner appealed. The Supreme Court, Appellate Division, Second Department,held that where order to show cause provided for service upon each of theobjectors by affixing order to show cause in supporting papers to outer door of residence of each of the objectors but where, instead of affixing relevant papers toouter door of each of the objector's residence, petitioner had papers placed inmailbox, failure to comply with mode of service provided for in order to show causewarranted denial of petition for lack of jurisdiction.Affirmed.

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