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MATTER OF ROOSEVELT v. POWER

8 N.Y.2d 869 (1960)

In the Matter of Curtis Roosevelt, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Appellants. In the Matter of Curtis Roosevelt et al., Respondents, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Joseph Rosenberg, Appellants.

Court of Appeals of the State of New York.

Decided June 2, 1960.

Attorney(s) appearing for the Case

Abraham J. Gellinoff, Nelson Kantor and Max D. Blossner for Joseph Rosenberg, appellant.

Charles H. Tenney, Corporation Counsel (Saul Moskoff and Arthur H. Geisler of counsel), for James M. Power and others, appellants.

Leonard S. Halpert for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and BURKE. Judges FULD, FOSTER and BERGAN dissent and vote to affirm.

Orders of the Appellate Division reversed and those of Special Term reinstated, without costs, for the reasons stated in the opinion at Special Term...

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