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McCANN v. POWER

306 N.Y. 578 (1953)

In the Matter of Edward J. McCann, Appellant, v. James M. Power et al., as Commissioners of Election and Constituting The Board of Elections of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 22, 1953

Attorney(s) appearing for the Case

James F. Ryan for appellant.

Reginald S. Hardy, Sidney Squire and Joseph Fischer for S. Reymart Alter, respondent.

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ.

Order of the Appellate Division reversed upon the ground that on this record the discretion of the courts below under section 330 of the Election Law should have been exercised in petitioner's favor. Order entered granting petitioner a recount and recanvass of the ballots cast in the primary election held in the First Municipal Court District in the Borough of Brooklyn on September 15, 1953, for the nomination of a Democratic candidate for the office of Justice of the Municipal...

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