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MATTER OF GALLAGHER v. REILLY

24 A.D.2d 720 (1965)

In the Matter of John T. Gallagher et al., Respondents, v. George T. Reilly, Appellant, 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, Second Department.

September 8, 1965

Judgment affirmed, without costs.

No opinion.

Ughetta, Acting P. J., dissents and votes to reverse the judgment and to dismiss the petition, with the following memorandum:

The last day for instituting this proceeding was August 24, 1965. This proceeding to invalidate the designating petition was instituted on August 23, 1965 by the service of an acknowledged, instead of a verified, petition. Section 335 of the Election Law requires such...

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