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  5. 19 N.Y.2d 474 (1967)
 

MATTER OF RICE v. POWER

19 N.Y.2d 474 (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.

Court of Appeals of the State of New York.

Decided May 16, 1967.

Attorney(s) appearing for the Case

James J. Leff for appellant-respondent.

Joseph Cohen for respondent-appellant.

Chief Judge FULD and Judges VAN VOORHIS, BURKE and KEATING concur with Judge BERGAN; Judge SCILEPPI dissents, in part, and votes to affirm in an opinion and Judge BREITEL dissents, in part, with respect to the disposition of the two paper ballots upon the dissenting opinion of Justice McNALLY at the Appellate Division.

BERGAN, J.

In the contest for district delegates to the Constitutional Convention from the Thirty-third Senate District in Bronx County at the general election of November 8, 1966, a close vote separates appellant-respondent Rice from respondent-appellant Santangelo. The election of the other two delegates is not in dispute.

The recanvass by the city Board of Elections show a difference of eight votes...

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