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MATTER OF WEISBERG v. LOMENZO

35 A.D.2d 747 (1970)

In the Matter of David C. Weisberg, Appellant, v. John P. Lomenzo, as Secretary of State of The State of New York, Respondent, and James L. Buckley et al., Respondents

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

October 1, 1970

Judgment affirmed, without costs.

There is no merit to appellant's contention that the Secretary of State erroneously permitted another emblem to be substituted. Appellant relies on Matter of Donnellon v. Heffernan (193 Misc. 97, affd. 274 App. Div. 880, affd. 298 N.Y. 656). In that case the court had held that the name "United Laborite Party" violated the statute in that the name included that of an existing political party (Matter of Marcantonio v. Heffernan...

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