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MELE v. RYDER

7 N.Y.2d 1027 (1960)

Pasquale E. Mele, as Executive Member of the Republican County Committee of Bronx County for the 13th Executive District, Appellant-Respondent, v. John C. Ryder, Individually and as President of West Bronx Young Republican Club, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided March 24, 1960.

Attorney(s) appearing for the Case

George Salvatore for appellant-respondent.

Lewis Abrahams and Adolph C. Orlando for respondents-appellants.

Samuel D. Smoleff for Citizens Union of the City of New York, amicus curiæ.

Robert C. Rosenberg and J. Boyd Henson for Association of New York State Young Republican Clubs, Inc., amicus curiæ.

Appeal by plaintiff dismissed, without costs, upon the ground that the question certified is not decisive of the correctness of the order appealed from since it appears from such order that the decision of the Appellate Division was based in part upon an exercise of discretion (Evadan Realty Corp. v. Patterson, 297 N.Y. 732; Cohen and Karger, Powers of the New York Court of Appeals, pp. 375-377). Appeal by defendants dismissed, without costs, upon the ground that it...

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