Order reversed, without costs, and matter remanded to Special Term for further proceedings in accordance with the memorandum herein: We treat the appellant's cross motion in the proceeding, then properly pending in the court, as a substantial compliance with the requirements of section 335 of the Election Law as to form and timeliness of assertion. This assertion was served and filed before the time for the commencement of a proceeding had expired and, indeed, before the...
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