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MATTER OF HOLTZMAN v. POWER

64 Misc.2d 221 (1970)

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

Supreme Court, Special Term, New York County.

May 20, 1970

Attorney(s) appearing for the Case

Barrett, Knapp, Smith & Shapiro (Michael O. Finkelstein, David N. Ellenhorn, Gerald A. Novack, David Bernfield, Stephen Gillers, Martin Senzel and Michael Varet of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Mark T. Walsh and Charles F. Kenny of counsel), for intervenor. J. Lee Rankin, Corporation Counsel (John S. Willikens of counsel), for respondents.

ABRAHAM J. GELLINOFF, J.

The petitioner requests the court to declare void a recently enacted amendment to subdivision 7 of section 242-a of the Election Law, and to enjoin the Board of Elections of the City of New York from implementing it. In substance, the amendment provides that, in the 1970 primary elections in New York City, the names of incumbent candidates for party position and public office shall be...

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