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MATTER OF SUTHERGREEN v. WESTALL

6 A.D.2d 1014 (1958)

In the Matter of Fred S. Suthergreen, Appellant, v. Walter W. Westall et al., Constituting The Board of Elections of the County of Westchester, et al., Respondents

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

September 22, 1958

Order granting motion to dismiss proceeding unanimously affirmed, without costs.

Assuming, arguendo, that the failure to join respondent Esser, the successful candidate, as a party was not fatal to the proceeding (Civ. Prac. Act, §§ 192, 193), the defect could not be cured after the time limited for the institution of the proceeding, namely, 10 days after the primary election in question (Election Law, § 330, subd. 2; cf. Matter of Kram v...

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