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MATTER OF GREENSPAN v. O'ROURKE

35 A.D.2d 671 (1970)

In the Matter of Morton Greenspan et al., Respondents-Appellants, v. Maurice J. O'Rourke et al., Constituting The Board of Elections of the City of New York, Respondents, and J. Stanley Shaw et al., Appellants-Respondents

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

September 25, 1970

That order was superseded by the order which granted reargument. Order entered September 18, 1970 reversed, on the law, insofar as it adhered to the original decision and order, without costs, and petition dismissed.

The petition must be dismissed for failure to join parties necessary to the proceeding, namely, three of the officers elected at the July 13 meeting (see Matter of Schwimmer v. Power, 21 A.D.2d 835). Nevertheless...

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