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MATTER OF McMANUS v. DE SAPIO

13 Misc.2d 513 (1958)

In the Matter of John T. McManus et al., Petitioners, v. Carmine G. DeSapio, as Secretary of State, et al., Respondents. (Proceeding No. 1.) In the Matter of John T. McManus. (Proceeding No. 2.)

Supreme Court, Trial Term, Albany County.

October 17, 1958.

Attorney(s) appearing for the Case

David M. Freedman and Morris Zuckman for petitioners in proceeding No. 1.

Louis J. Lefkowitz, Attorney-General (Paul C. Reuss of counsel), for Carmine G. DeSapio, as Secretary of State, respondent in proceeding No. 1.

Andrew M. Pinckney, respondent in person, and for Monroe Goldwater and another, objectors-respondents in proceeding No. 1.

Goldwater & Flynn (Andrew M. Pinckney of counsel), for Monroe Goldwater, petitioner-objector in proceeding No. 2.

Louis J. Lefkowitz, Attorney-General (Paul C. Reuss of counsel), for Carmine G. DeSapio, as Secretary of State, respondent in proceeding No. 2.

David M. Freedman and Morris Zuckman for John T. McManus and others, respondents in proceeding No. 2.

KENNETH S. MacAFFER, J.

On or about the 9th day of September, 1958, an independent nominating petition of the Independent-Socialist party, an independent body, was duly filed in the office of the Secretary of State of the State of New York containing 26,323 signatures and designating certain individuals as candidates for nomination for public office to be voted for at the general election to be held on the 4th...

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