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MILLER v. POWER

309 N.Y. 775 (1955)

In the Matter of Tillie Miller, Appellant, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents. In the Matter of Edward N. Costikyan, Appellant, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents. In the Matter of Cecil E. Carter, Appellant, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents. In the Matter of Elizabeth Morris, Appellant, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 9, 1955

Attorney(s) appearing for the Case

Abraham J. Gellinoff, Robert B. Brady, Richard T. Levy and Blossom G. Saxe for Cecil E. Carter and others, appellants.

Samuel J. Silverman, William Barlow and Gabriel Perle for Tillie Miller, Edward N. Costikyan and another, appellants.

Joseph Broderick, Joseph F. Clements and Jules E. Gilbert for respondents.

Concur: CONWAY, Ch. J., DYE, VAN VOORHIS, BURKE and MacCRATE, JJ. DESMOND, J., dissents and votes to affirm.

Orders of the Appellate Division reversed and those of Special Term reinstated upon the ground that the designating petitions are invalid for failure to comply with the requirements of sub-division 3 of section 15 of the Election Law, section 135 of the Election Law and the Rules of the New York Democratic County Committee...

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