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MATTER OF STELLA v. O'ROURKE

58 Misc.2d 1041 (1968)

In the Matter of Anthony J. Stella, Petitioner, v. Maurice J. O'Rourke et al., Constituting the Board of Elections of the City of New York, et al., Respondents. In the Matter of Joseph Fusco, Petitioner, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents.

Supreme Court, Special Term, Bronx County.

December 16, 1968

Attorney(s) appearing for the Case

Rudes & Lax (Saul Rudes, Robert Brady and Harold Fisher of counsel), for Anthony J. Stella. Dominick A. Fusco and Louis Abrahams for Joseph Fusco.

SIDNEY A. FINE, J.

By order to show cause dated November 22, 1968 one Anthony J. Stella, candidate for Member of Assembly from the 86th Assembly District, Bronx County, moved to stay the respondent Board of Elections from certifying the election of one Joseph A. Fusco as the duly elected candidate from said district. In connection therewith he served a petition pursuant to article 78 CPLR to permanently enjoin the said board from so certifying and to...

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