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MATTER OF BARBER v. LOMENZO

16 N.Y.2d 963 (1965)

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

Court of Appeals of the State of New York.

Decided October 26, 1965.

Attorney(s) appearing for the Case

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

Michael J. Sullivan for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents and votes to reverse and to reinstate the order of Special Term.

Order affirmed, without costs. Within the intent of the Election Law sections, the Appellate Division's decision is correct. We need not pass on any constitutional question...

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