MATTER OF IPPOLITO v. POWER


22 N.Y.2d 594 (1968)

In the Matter of Andrew V. Ippolito, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Edmund J. Wilowski, Appellant.

Court of Appeals of the State of New York.

Decided September 27, 1968.


Attorney(s) appearing for the Case

Bernard A. Helfat and Morris Fierson for appellant.

Stanley Posess for Andrew V. Ippolito, respondent.

Chief Judge FULD and Judges KEATING and JASEN concur with Judge BREITEL; Judges BURKE, SCILEPPI and BERGAN dissent and vote to reverse and dismiss the petition in a memorandum.


BREITEL, J.

The successful candidate for District Leader (Male) Part B of the 22nd Assembly District, Democratic party, in the County of Queens, appeals from an order directing a new primary election in a proceeding brought by the unsuccessful candidate under section 330 of the Election Law. Special Term, after a hearing, granted such order, and the Appellate Division affirmed by a divided vote.

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