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MATTER OF BATTISTA v. POWER

24 A.D.2d 62 (1965)

In the Matter of Vito P. Battista, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Appellants

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

October 25, 1965.

Attorney(s) appearing for the Case

Robert E. Hugh for appellants.

Justin N. Feldman for Abraham D. Beame.

Robert MacCrate of counsel (David W. Peck with him on the brief), for John V. Lindsay and others, appellants.

Marc P. Cherno of counsel (Strasser, Spiegelberg, Fried & Frank, attorneys), for Democrats for Lindsay-Mollen-Costello.

Maurice A. Reichman for Gerald J. Turetsky and others, intervenors-appellants.

Lewis Abrahams for respondent.

McNALLY, STEVENS, STEUER and STALEY, JJ., concur in Per Curiam opinion; RABIN, J. P., dissents in part and votes to modify by placing the Civil Service Fusion party on Line G and those now listed on Line G to be placed on Line E.

Per Curiam.

The issue presented on this appeal concerns the form of the ballot as it will be presented to the voters in the City of New York on Election Day, November 2, 1965. As the ballot is now constituted pursuant to the decision of Special Term it consists of seven columns, lettered A to G, inclusive. Four of these columns are allotted to political parties, three to political bodies, as those terms are used in...

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