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JOSEPH v. CORSI

277 A.D. 351 (1950)

Lazarus Joseph, as Comptroller of The City of New York, Plaintiff, v. Edward Corsi et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 1950.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (W. Bernard Richland, Pauline K. Berger and Barbara Carroll with him on the brief), for plaintiff.

Charles H. Tuttle of counsel (Paxton Blair with him on the brief; Charles H. Tuttle and Louis J. Lefkowitz, attorneys), for Edward Corsi, defendant.

George W. Whiteside of counsel (Charles Pickett and Alan S. Kuller with him on the brief), for Vincent R. Impellitteri, defendant.

William J. O'Shea of counsel (Bernard Hershkopf and Jacob Markowitz with him on the brief), for Ferdinand Pecora, defendant.

Benjamin Gassman of counsel (Benjamin Gassman, Matthew M. Levy, Max Bloom, attorneys), for Liberal Party, amicus curiæ.

DORE, COHN, CALLAHAN and VAN VOORHIS, JJ., concur.

PECK, P. J.

A Mayor is to be elected at the forthcoming general election to fill the vacancy created by the resignation of Mayor O'Dwyer on September 2, 1950. There are four candidates for the office, one of whom is the President of the City Council, who by virtue of the provisions of section 10 of the New York City Charter became Acting Mayor upon the creation of the vacancy. It is his contention that regardless...

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