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MATTER OF DeSAPIO v. KOCH

14 N.Y.2d 735 (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.

Court of Appeals of the State of New York.

Decided May 7, 1964.

Attorney(s) appearing for the Case

Arthur Karger, James J. Leff and Moses L. Kove for appellant.

Stanley Geller, Lester Evens, Leonard H. Sandler and Arnold Weiss for Edward I. Koch, respondent.

No appearance for remaining respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

Per Curiam.

At the Democratic primary election held September 5, 1963 for the party position of Male Leader of the First Assembly District, Part A, New York County, the official canvass recorded the election of the respondent, Edward I. Koch, by 41 votes out of a total of more than 9,000 cast.

The petitioner, DeSapio, instituted this proceeding, pursuant to subdivision 2 of section 330 of the Election Law,...

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