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MATTER OF BERGNER v. MEISSER

10 N.Y.2d 787 (1961)

In the Matter of Walter Bergner, Appellant, v. William D. Meisser et al., as Commissioners of the Board of Elections of Nassau County, Respondents, and Allan Westervelt, Respondent. In the Matter of Walter Bergner, Appellant, v. William D. Meisser et al., as Commissioners of the Board of Elections of Nassau County, Respondents, and Francis Brennan et al., Respondents.

Court of Appeals of the State of New York.

Decided September 2, 1961.

Attorney(s) appearing for the Case

Walter Bergner, appellant in person.

J. Oakey McKnight, County Attorney (Harold E. Collins of counsel), for Commissioners of Board of Elections, respondents.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, BERGAN, BOOKSTEIN and BEST.

In each proceeding: Order reversed, without costs, upon the authority of Matter of Mahoney v. Lawley (301 N.Y. 425), and matter remitted to Special Term for a trial of the issues...

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