MATTER OF DIAMOND v. POWER


21 A.D.2d 660 (1964)

In the Matter of Walter Diamond, Appellant, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents

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

May 20, 1964


Order, entered May 19, 1964, dismissing the petition to invalidate the designating petition of the respondent candidate, Isaac Ben Greenman, unanimously reversed on the law and the facts and, in the exercise of discretion, without costs. The motion to dismiss the petition is denied.

Petitioner-appellant will be permitted to amend his petition, nunc pro tunc, to include the page of the petition inadvertently omitted, and the petition will be deemed so amended...

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