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  5. 25 N.Y.2d 34 (1969)
 

MATTER OF SPILLANE v. KATZ

25 N.Y.2d 34 (1969)

In the Matter of Michael Spillane et al., Respondents, v. Herman Katz, as City Clerk of the City of New York, et al., Respondents, and Bentley Kassal et al., Intervenors-Appellants. In the Matter of Herman B. Zipser et al., Respondents, v. James M. Power et al., as Commissioners of Elections in the City of New York, Respondents, and Victor A. Kovner, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1969.

Attorney(s) appearing for the Case

Maurice N. Nessen and Richard W. Wallach for Victor A. Kovner, appellant, and Bentley Kassal and others, intervenors-appellants.

Walter M. Schackman and Stanley E. Michels for Richard S. Lane and others, intervenors-appellants.

Irwin N. Wilpon and J. Courtney McGroarty for Abraham A. Berry and others, intervenors.

Harry R. Pollack for William P. McCool, intervenor.

Robert E. Hugh for Herman Katz and another, respondents.

Bernard Meyerson for Michael Spillane and another, respondents.

Seymour Lakritz, pro se, amicus curiæ.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and SWEENEY concur; Chief Judge FULD taking no part.

Per Curiam.

Although the petitioners-respondents do not have standing to sue and have failed to join all the necessary parties, since the appellants have submitted to us the merits of the constitutional issue inherent in the determination made by the Commissioners of Elections, we shall decide it. In these cases, in view of the troublesome consequences that surely would arise in regard to the validity of elections in...

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