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The Niagara County Board of Elections Wednesday upheld a petition to hold a write-in Republican primary for 4th District county legislator, but even before the ruling, the board had been served with a court challenge to the petition.

Republican Election Commissioner Lucille L. Britt said she and her Democratic colleague, Michael J. Beeny, found no grounds for disallowing the GOP opportunity-to-ballot petition filed by Leo A. Alcuri.

Alcuri is a Democrat who is challenging incumbent Legislator Dennis F. Virtuoso in a Democratic primary. Mark D. Trosky also is entered in that primary, but his petitions have not been challenged.

Virtuoso, who is bringing suit to try to stop the write-in effort, previously had sued to invalidate Alcuri's Democratic petitions. That case is pending in State Supreme Court. No date has been set for arguments in the latest suit.

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