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  5. 18 N.Y.2d 595 (1966)
 

MATTER OF SCULLY v. LOMENZO

18 N.Y.2d 595 (1966)

In the Matter of James E. Scully, Respondent, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Respondents, and Edward S. Conway et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

John W. Tabner for Edward S. Conway and others, appellants.

Con G. Cholakis for petitioner-respondent.

Elmer M. Rasmussen for Rensselaer County Board of Elections, respondent.

Louis J. Lefkowitz, Attorney-General (Walter J. Hogan of counsel), for Secretary of State, respondent.

John J. Clyne for Albany County Board of Elections, respondent.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING. Judges FULD and BURKE dissent and vote to affirm on the majority opinion at the Appellate Division.

Order reversed, without costs, on the dissenting opinion at the Appellate Division and matter remitted to Special Term to make provision for a Special Primary Election...

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