MEMORANDUM BY THE COURT.
It is conceded that the proceeding was untimely under subdivision 2 of section 330 of the Election Law. As the basis for its action Special Term relied on the provisions of subdivision 5 which in a proceeding instituted in the manner and within the time prescribed by statute authorizes the Supreme Court or a Justice thereof summarily to determine any question of law or fact arising as to the canvass of returns by a County Board of Canvassers...
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