MATTER OF WARNER v. POWER


282 A.D. 867 (1953)

In the Matter of Ivan Warner et al., Respondents, v. James M. Power et al., Respondents, and Ira J. Palestin et al., Appellants In the Matter of James J. Lyons et al., Respondents, v. James M. Power et al., Respondents, and Ira J. Palestin et al., Appellants In the Matter of Ivan Warner et al., Appellants, v. James M. Power et al., Respondents

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

October 27, 1953.


Per Curiam.

On their face the nominating petitions of appellants, Ira J. Palestin, et al. contained enough valid signatures to meet the requirements of section 138 of the Election Law for an independent nominating petition. The learned Special Referee bases his decision upon a finding that "the use of the so-called Independent Party was a mere vehicle to place the Liberal Party's candidates on a second line on the ballots". There is no support in any...

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