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In the Matter of JOSEPH F. PERICONI, Respondent, v. TONY MAROTTA, Appellant, and JOHN P. LOMENZO, as Secretary of State of the State of New York, et al., Respondents.

MEMORANDUM BY THE COURT. Judgment affirmed, without costs. The failure of the subscribing witnesses to state the Election and Assembly Districts in which they presently reside was a substantial departure from the requirements of the Election Law (§ 135, subd. 3) which renders the petition invalid ( Matter of Crosbie v. Cohen, 281 N.Y. 329; Matter of Maurin v. Allis, 28 A.D.2d 810, affd. 20 N.Y.2d 671). Herlihy, P.J., Aulisi, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by the court.

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MATTER OF PERICONI v. MAROTTA
(Jun 11, 1970)