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  5. 27 N.Y.2d 807 (1970)
 

MATTER OF BARANELLO v. SMITH

27 N.Y.2d 807 (1970)

In the Matter of Dominic J. Baranello, Appellant-Respondent, v. Malcolm E. Smith, Jr. et al., Respondents-Appellants, and Everett F. McNab et al., Constituting the Board of Elections of Suffolk County, Respondents.

Court of Appeals of the State of New York.

Decided October 14, 1970.

Attorney(s) appearing for the Case

Frederic Block for appellant-respondent.

Melvyn Tanenbaum for respondents-appellants.

George W. Percy, Jr., County Attorney (Donald A. Rettaliata of counsel), for respondents.

Concur: Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD. Dissent: Judge BURKE.

Order affirmed, without costs; no opinion.

Chief Judge FULD concurs on the ground that the question of the likelihood of confusion in the minds of those who signed the nominating petitions containing the "BUCKLEY" emblem was not raised below.

Judge BURKE dissents and votes to modify and grant the petition in all respects in the following memorandum: The standards established for the first time in Matter of Weisberg v. Lomenzo<...

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