In Matter of Tabacco v. Vitucci , John A. Tabacco sued the New York City Board of Elections (BOE) after it denied his request to be placed on the ballot as the No Tax Party's candidate for City Council.
When the Richmond County Supreme Court issued an order confirming the BOE 's determination, Tabacco appealed to the Appellate Division, Second Department.
Since it couldn't find support for BOE 's denial, the AD2 reversed the outcome, and directed that Tabacco be placed on the ballot.
After all of that, Tabacco lost the election to Ken Mitchell, who was Chief of Staff and General Counsel to Mike McMahon -- whose seat Mitchell fills until the next election.
Bet Tabacco thinks that's a drag.
To download a copy of the Appellate Division's decision, please go to: Matter of Tabacco v. Vitucci