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MATTER OF MANISCALCO v. POWER

4 A.D.2d 479 (1957)

In the Matter of Albert V. Maniscalco et al., Respondents, v. James M. Power et al., Constituting The Board of Elections of the City of New York, Respondents, and Timothy W. Costello, Appellant

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

October 28, 1957.

Attorney(s) appearing for the Case

Philip Zichello for appellant.

Jack E. Levine for Albert V. Maniscalco and others, respondents.

Beatrice Dunn for James M. Power and others, respondents.

RABIN, J. P., FRANK, VALENTE and McNALLY, JJ., concur.

BERGAN, J.

The petition instituting this judicial proceeding pursuant to section 330 of the Election Law was verified by one of the two petitioners who are candidates for office in the same county and whose legal rights and interests are identical. The verification of the petition by one of the parties is sufficient (Rules Civ. Prac., rule 99).

The respondent-appellant who filed objections to the nominating...

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