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MATTER OF SANTUCCI v. POWER

25 N.Y.2d 897 (1969)

In the Matter of John J. Santucci, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Sidney Leviss, Appellant.

Court of Appeals of the State of New York.

Decided September 24, 1969.

Attorney(s) appearing for the Case

Harold L. Fisher for appellant.

Bernard P. Lampert and Hyman J. Greenberg for respondent.

Joseph O. Giaimo for motion to intervene.

Jerold R. Ruderman opposed to motion to intervene.

Concur: Chief Judge FULD, and Judges BURKE, BREITEL, JASEN and GIBSON. Judges SCILEPPI and BERGAN dissent and vote to reverse on the dissenting opinion at the Appellate Division.

Order affirmed, without costs, on the authority of Matter of Ippolito v. Power (22 N.Y.2d 594) and Matter of O'Connor v. Power (23 N.Y.2d 909).

Motion by candidate Zelman to intervene denied. Counsel for movant in open court stated that he was withdrawing his application made at Special Term and that he consented to vacatur of a stay of the special election contained in an order...

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