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MATTER OF COUNTS v. SMITH

2 A.D.2d 652 (1956)

In the Matter of George S. Counts, as Chairman of The State Committee of the Liberal Party, Appellant, v. Robert W. Smith et al., as Commissioners of Election, et al., Respondents

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

May 21, 1956

Order affirmed, without costs on the ground that the Special Term was without jurisdiction under section 330 of the Election Law by reason of the petitioner's failure to comply with section 145 of the Election Law. (See Matter of Taylor v. Redmond, 239 App. Div. 112; Matter of Kavesh, 247 App. Div. 175; Matter of Smith v. Board of Elections, 196 Misc. 109; Matter of McGovern v. O'Brien, 180 Misc. 515.)

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