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MTR. OF MEROLA v. POWER

60 Misc.2d 245 (1969)

In the Matter of Mario Merola, Petitioner, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Israel Rubin, Respondents.

Supreme Court, Special Term, Bronx County.

August 11, 1969

Attorney(s) appearing for the Case

Remo J. Acito for petitioner. David Levy for Israel Rubin, respondent.

SAMUEL A. SPIEGEL, J.

This is a proceeding for a judgment directing the holding of a new Democratic primary election for the office of City Councilman from the 7th Councilmanic District, Bronx County. The petition is brought pursuant to subdivision 2 of section 330 of the Election Law on the ground that the primary election has been characterized by such irregularities or fraud as to render it impossible to determine who was rightfully nominated or elected...

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