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MATTER OF RISTORUCCI v. SEC'Y OF STATE OF STATE OF N.Y.

57 Misc.2d 1036 (1968)

In the Matter of Roque Ristorucci, Petitioner, v. Secretary of State of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

October 2, 1968

Attorney(s) appearing for the Case

David M. Freedman for petitioner. Louis J. Lefkowitz, Attorney-General (Herbert H. Smith of counsel), for respondent.

EDWARD S. CONWAY, J.

Petitioner seeks an order directing the Secretary of State to place the name of Freedom and Peace party and its nominees for the office of presidential Electors on the voting machines throughout the State of New York at the general election to be held on November 5, 1968.

Respondent moved to dismiss the proceeding on two grounds or contentions.

The first contention of the...

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