MTR. OF STEVENSON v. POWER


35 A.D.2d 121 (1970)

In the Matter of Edward Stevenson, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., and Louis Nine, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 15, 1970.


Attorney(s) appearing for the Case

Benjamin Gassman for appellant.

Mary Johnson Lowe of counsel (Lowe & Levine attorneys), for respondent.

EAGER, J. P., CAPOZZOLI, McGIVERN, MARKEWICH and McNALLY, JJ., concur.


Per Curiam.

On June 23, 1970, a State-wide primary election was held. In the 78th Assembly District, 5,507 voters participated, but of that number only 1,859 participated in the selection of a nominee for the office of Assemblyman.

The breakdown of the official tally for the Assembly vote was: Edward Stevenson, 642; Louis Nine, 715; and Albert Brooks, Jr., 502. Thus, the loser and present petitioner lost by...

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