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MATTER OF ROMAN v. POWER

10 N.Y.2d 793 (1961)

In the Matter of Pablo Roman, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Alfred E. Santangelo et al., Respondents.

Court of Appeals of the State of New York.

Decided September 2, 1961.

Attorney(s) appearing for the Case

Narciso Puente, Jr., for appellant.

Max Feigin for Alfred E. Santangelo and others, respondents.

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

Order affirmed, without costs. We hold contrary to the holding of the Appellate Division herein that a Committee on Vacancies is not a necessary party in a proceeding such as this. Ordinarily the proceeding would, accordingly, be remanded to Special Term to pass upon the merits but such remand is unnecessary here since the issue tendered has already been disposed of in Matter of Chance v. Power (10 N.Y.2d 792), decided herewith...

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