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MATTER OF WEBER v. POWER

30 A.D.2d 670 (1968)

In the Matter of Edward J. Weber, Jr., Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents, and John J. Santucci, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 6, 1968

Judgment affirmed, without costs.

No opinion.

Benjamin and Martuscello, JJ., dissenting.

The question at issue is whether petitioner was an enrolled member of the Democratic party at the time of the filing of the designating petition on May 14, 1968 (Election Law, § 137, subd. 1). Special Term held that he was. We disagree. Prior to January, 1967 petitioner resided at an address on Beach 131st Street...

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