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MATTER OF DE SAPIO v. KOCH

21 A.D.2d 20 (1964)

In the Matter of Carmine G. DeSapio, Appellant, v. Edward I. Koch, Respondent, and James M. Power et al., Constituting The Board of Elections of the City of New York, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1964.

Attorney(s) appearing for the Case

James J. Leff of counsel (Arthur Karger and Moses L. Kove with him on the brief), for appellant.

Stanley Geller of counsel (Lester Evens, Leonard H. Sandler and Arnold Weiss with him on the brief; Butler, Jablow & Geller, attorneys), for Edward I. Koch, respondent.

BREITEL, McNALLY and EAGER, JJ., concur with BOTEIN, P. J.; RABIN, J., dissents and votes to reverse, in opinion.

BOTEIN, P. J.

In the 1963 Democratic primary election for male leader of the First Assembly District, Part A, New York County, the rival candidates were appellant DeSapio and respondent Koch. The official canvass recorded the election of Koch by 41 votes out of a total of more than 9,000 cast. DeSapio has brought this proceeding under subdivision 2 of section 330 of the Election Law, seeking an order directing...

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