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MATTER OF BECKER v. POWER

207 Misc. 53 (1954)

In the Matter of Barnett L. Becker, Petitioner, v. James M. Power et al., as Commissioners of Elections, Constituting The Board of Elections of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

August 31, 1954.

Attorney(s) appearing for the Case

Gordon I. Novod and Harold I. Panken for petitioner.

Adrian P. Burke, Corporation Counsel (Thomas W. A. Crowe of counsel), for James M. Power and others, constituting the Board of Elections, respondents.

Gabriel I. Levy and Daniel M. Kelly, in person, for Daniel M. Kelly, respondent appearing specially.

Arthur Braun and Leon Braun for Harry Uviller and others, as Committee to Fill Vacancies of Liberal Party, respondents.

MATTHEW M. LEVY, J. (Dictated on the record.)

I am of the view that the special appearance interposed by the respondent Kelly should be sustained.

The petition annexed to the order to show cause is not verified as mandated by the statute. Section 335 of the Election Law requires that a special proceeding such as this be heard "upon a verified petition", and other proof. This proceeding is a summary statutory...

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