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MATTER OF McGINNIS v. NIAGARA COUNTY DEMOCRATIC COMM.

24 N.Y.2d 859 (1969)

In the Matter of James McGinnis et al., Respondents, v. Niagara County Democratic Committee, Appellant.

Court of Appeals of the State of New York.

Decided April 16, 1969.

Attorney(s) appearing for the Case

Glenn S. Hackett for appellant.

Benjamin Gold for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge KEATING.

Order reversed, without costs, upon the ground that petitioners were not entitled to institute the proceeding under the language of section 330 (subd. 2) of the Election Law (see Matter of McGuinness v. De Sapio, 9 A.D.2d 65), and matter remitted to Supreme Court, Niagara County, with directions to dismiss the proceeding...

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