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MATTER OF CRISAFULLI v. LOMENZO

26 A.D.2d 902 (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.

October 27, 1966

Upon reargument, after remission by the Court of Appeals, order of Special Term unanimously affirmed, without costs of this appeal to any party.

Memorandum:

In our original decision (26 A.D.2d 795), decided September 22, 1966, we dismissed the petition as a matter of law and found that there was no permitted area of discretion. The case has now been remitted to us by the Court of Appeals, directing us to exercise our discretion...

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