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CAPOLINO v. MATRANGA

25 N.Y.2d 730 (1969)

Al Capolino et al., Respondents, v. Joseph Matranga et al., Individually and as Officers of Liquor Salesmen's Union Local No. 2, D. R. W. and A. W. I. U. A., AFL-CIO, Appellants.

Court of Appeals of the State of New York.

Decided December 11, 1969.

Attorney(s) appearing for the Case

Victor Feingold and Stanley J. Reiben for appellants.

Godfrey P. Schmidt for respondents.

Jack L. Kroner for Distillery, Rectifying, Wine and Allied Workers' International Union of North America (AFL-CIO), amicus curiae.

Concur: Judge BURKE, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD dissents and votes to reverse in the following opinion in which Judge SCILEPPI concurs.

Order modified, without costs, and, as so modified, affirmed in the following memorandum: Special Term's direction that there be submitted to the meeting a proposal to amend section 1 of article XIV of the constitution of Local No. 2 with respect to the selection of a Nominations and Elections Committee was not within the scope of the application and should be deleted from the Special Term order, and a new date should be fixed for...

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