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In the Matter of the Application of BERNARD NAUGHTON, Appellant, to Declare Null and Void the Certificate of Nomination of JERE MILLEMAN as Republican Nominee for Comptroller of Westchester County, and Strike the Same from the Records in the County Clerk's Office. REPUBLICAN COUNTY COMMITTEE OF WESTCHESTER COUNTY, Respondent.

Order denying motion to declare certificate of nomination illegal and void, etc., affirmed as matter of law and not of discretion. In our opinion the power of the county committee to fill a vacancy is not limited to a vacancy caused by disqualification occurring after the primary. Kelly, P.J., Jaycox, Manning, Young and Kapper, JJ., concur.

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MATTER OF NAUGHTON
(Oct 1, 1926)