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MATTER OF LEVY v. POWER

43 Misc.2d 158 (1964)

In the Matter of Alan C. Levy, Petitioner, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents.

Supreme Court, Special Term, Kings County.

May 14, 1964

Attorney(s) appearing for the Case

Levy, Heller & Kessler (Seymour B. Walzer of counsel), for petitioner. Neil M. Lieblich, J. Courtney McGroarty and Julius Venner for Abraham J. Multer, respondent. Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen of counsel), for State of New York, intervenor.

LEWIS W. OLLIFFE, J.

This is an application by the petitioner for an order declaring section 242-a of the Election Law (as amd. by L. 1964, ch. 936) to be invalid, void and unconstitutional and requiring the Board of Elections to "set up the ballot upon the voting machine to be used in the Primary Election to be held on June 2, 1964 in blocks rather than lines or slates" and requiring the order in which candidates are to be listed to be determined by...

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