MATTER OF BARNES v. POWER


9 A.D.2d 694 (1959)

In the Matter of Robert E. Barnes et al., Respondents, v. James M. Power et al., Constituting The Board of Elections of the City of New York, Respondents, and William J. Cedzich, as a Candidate for The Public Office of President of the Borough of Queens, et al., Appellants

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

October 26, 1959


Order insofar as appealed from unanimously affirmed, without costs.

This appeal presents disputed questions of fact and disputed questions of law dependent upon such facts. The court has not been able to pass upon the merits of any of the questions, since the minutes of the lengthy hearing have not been transcribed or been made available. Nor have counsel submitted to this court a stipulation in lieu of the transcript. Under the circumstances, the court ordinarily...

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