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MATTER OF KLEIN v. POWER

7 Misc.2d 794 (1957)

In the Matter of Harris J. Klein, Individually and on Behalf of All the Enrolled Voters of the Democratic, Republican and Liberal Parties of the City of New York, Petitioner, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents.

Supreme Court, Special Term, New York County.

August 7, 1957.

Attorney(s) appearing for the Case

Arthur Block for petitioner.

Peter Campbell Brown, Corporation Counsel, for respondents.

ARTHUR G. KLEIN, J.

This is a proceeding for an order pursuant to sections 330 (subd. 3), 242 and 242-a of the Election Law, or, in the alternative, under article 78 of the Civil Practice Act, to compel the Board of Elections to provide for the use of voting machines in the primary election to be held on September 10, 1957. Section 242-a of the Election Law has conferred discretionary power on the board to adopt the use of voting machines at primary elections...

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