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MATTER OF CRISAFULLI v. LOMENZO

26 A.D.2d 795 (1966)

In the Matter of Virgil C. Crisafulli, Respondent, v. John P. Lomenzo, as Secretary of State of The State of New York, Appellant, and Carl G. Morse et al., Respondents

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

September 22, 1966

Order unanimously reversed, without costs of this appeal to any party, motion denied and application dismissed, without costs.

Memorandum:

The Special Term Justice considered this a proceeding under article 78 CPLR. This was incorrect. The applicable statute was subdivision 1 of section 330 of the Election Law. That being so, the application was not timely and Special Term was without jurisdiction. (Matter of Dow v. Lomenzo, 18 N.Y...

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