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MATTER OF HOLTZMAN v. POWER

62 Misc.2d 1020 (1970)

In the Matter of Elizabeth Holtzman et al., Petitioners, v. James M. Power et al., as Commissioners of Elections in the City of New York, Respondents.

Supreme Court, Special Term, New York County.

June 5, 1970

Attorney(s) appearing for the Case

Michael O. Finkelstein, David N. Ellenhorn, Gerald A. Novack, David Bernfeld, Stephen Gillers, Martin Senzel and Michael Varet for petitioners. Louis J. Lefkowitz, Attorney-General (Mark T. Walsh of counsel), intervenor in person. J. Lee Rankin, Corporation Counsel, for respondents.

MYLES J. LANE, J.

This proceeding is regarded in substance as an action for declaratory judgment of unconstitutionality (see 34 A.D.2d 779).

Remand was ordered by the Appellate Division in order to add what it deemed "indispensable parties to the litigation" as parties defendant. Presumably, pursuant to the order of the Appellate Division, petitioners have filed a...

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