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MATTER OF CRISAFULLI v. LOMENZO

18 N.Y.2d 787 (1966)

In the Matter of Virgil C. Crisafulli, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, Respondent, et al.

Court of Appeals of the State of New York.

Decided October 19, 1966.

Attorney(s) appearing for the Case

Nathan J. Siegel for appellant.

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

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order reversed, without costs, and proceeding remitted to the Appellate Division to exercise its discretion as to whether to direct the filing of the acceptance. The proceeding was timely brought under Matter of Carson v. Lomenzo (18 N.Y.2d 263), decided September...

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