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The state Court of Appeals will be asked next Wednesday to hear an appeal of the court decisions placing Robert A. Daly back on the ballot for 138th District Assemblyman, Democratic attorney Dennis E. Ward said Thursday.

Ward is representing four persons, three Democrats and the chairman of the Niagara County Liberal Party, who brought suit after the Niagara County Board of Elections refused to disqualify Daly for not numbering the pages of his nominating petition.

Daly, the endorsed GOP candidate in the district, filed a copy of his petition with the pages numbered, as required by state law, within three days after filing the unnumbered original. State Supreme Court Justice Norman E. Joslin allowed the "three-day cure," and Wednesday a five-judge Appellate Division panel in Rochester upheld him.

Ward said the state's highest court is under no obligation to hear the case. He said he'll be there at 8 a.m. Wednesday to move for a chance to present his case. "They don't take that many (election cases)," Ward said. If the seven judges do take the case, it will be argued at 2 p.m. Wednesday, with a decision likely the next day.

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