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MATTER OF LEICHTER v. PRENDERGAST

32 Misc.2d 234 (1961)

In the Matter of Henry O. Leichter, Petitioner, v. Michael H. Prendergast, as Chairman of the State Committee of the Democratic Party of the State of New York, Respondent.

Supreme Court, Special Term, New York County.

December 12, 1961

Attorney(s) appearing for the Case

Begun Brothers (Benson H. Begun of counsel), for petitioner. James J. Leff for respondent.

JACOB MARKOWITZ, J.

Petitioner, a member of the State Committee of the Democratic party, seeks by means of this article 78 proceeding to compel the committee chairman to give him access to and allow him to examine the financial books and records of the committee. Respondent cross-moves to dismiss the petition on several grounds:

(1) The subject matter of the proceeding is of a political nature with respect to which the court has not been given...

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