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MATTER OF ALTIMARI v. MEISSER

45 Misc.2d 1008 (1965)

In the Matter of Frank X. Altimari, Petitioner, v. William D. Meisser et al., Respondents. In the Matter of Julius R. Lippman, Petitioner, v. Commissioners of Election et al., Respondents.

Supreme Court, Special Term, Nassau County.

March 31, 1965

Attorney(s) appearing for the Case

Austin & Du Pont (Stephen J. Masse of counsel), for Frank X. Altimari, petitioner. Jack B. Weinstein, County Attorney (Louis Schultz of counsel), for William D. Meisser and others, respondents. Julius B. Kamhi and James J. Leff for Julius R. Lippman, petitioner.

THEODORE VELSOR, J.

This matter is before the court upon a remittitur of the Appellate Division, Second Department to take plenary proof with respect to the eligibility and qualifications to vote of the persons who cast and mailed the two military ballots numbered 33-1 and 33-2; and for a determination as to the validity of said ballots based upon such proof. That court held that a prior remittitur of the Court of Appeals did not foreclose this court...

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