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MATTER OF RICE v. POWER

27 A.D.2d 381 (1967)

In the Matter of Charles E. Rice, Appellant-Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., and Alfred E. Santangelo, Respondent-Appellant

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

April 4, 1967.

Attorney(s) appearing for the Case

James J. Leff for appellant-respondent.

Joseph Cohen for respondent-appellant.

McGIVERN, J., concurs with TILZER, J.; CAPOZZOLI, J., concurs in result in opinion; McNALLY, J., dissents in opinion in which STEUER, J. P., concurs.

TILZER, J.

In view of the immediate action required in the preparation of this opinion and to expedite a final resolution of the matter, we refer to the minority opinion for the nature and background of the proceeding.

Upon recanvass it was found that a discrepancy existed between the original canvass of returns from machine No. 83867 (the second machine) in the 54th Election District of the 83d Assembly...

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