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The State Court of Appeals Wednesday assured Robert A. Daly of a place on the Republican primary election ballot for 138th District assemblyman by refusing to hear an appeal of rulings that have upheld his nominating

Dennis E. Ward, the attorney who represented the three Democrats and one Liberal who challenged Daly's documents, confirmed that the seven-judge court refused to take the case, as did one of the plaintiffs, County Legislator Renae Kimble D-Niagara Falls. She is one of four Democrats seeking the Assembly seat.

The refusal effectively upheld two lower court decisions that although the pages of Daly's nominating petitions were originally unnumbered, his action in filing a numbered copy of the document within three days was enough to validate them.

County GOP election commissioner Lucille L. Britt said the court's action creates a statewide legal precedent. It was the first time a case involving the so-called "three-day cure" has been presented to the Court of Appeals, she said.

Daly, the endorsed GOP candidate, faces Daniel F. Kilmer of Lewiston in the Sept. 15 primary.

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