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MATTER OF BARBER v. LOMENZO

24 A.D.2d 43 (1965)

In the Matter of Theodore W. Barber, Appellant, v. John P. Lomenzo, as Secretary of State, Respondent

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

October 22, 1965.

Attorney(s) appearing for the Case

Barber & Sullivan (Michael J. Sullivan of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Herbert H. Smith of counsel), for respondent.

GIBSON, P. J., REYNOLDS, AULISI and HAMM, JJ., concur.

HERLIHY, J.

Special Term sustained the decision of the Secretary of State that a minimum of 3,000 names was required pursuant to section 138 of the Election Law and therefore the petition was invalid.

The senatorial district was outlined pursuant to Plan "A" enacted at the extraordinary session of the Legislature in 1964 (see L. 1964, ch. 976*), to include part of Nassau and...

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