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MATTER OF GREENSPAN v. O'ROURKE

27 N.Y.2d 846 (1970)

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

Court of Appeals of the State of New York.

Decided November 12, 1970.

Attorney(s) appearing for the Case

Rose L. Rubin and Herbert Rubin for appellants.

Robert E. Goldman for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. The failure of the petitioners to join parties necessary to the proceeding, to wit: three of the vice-chairmen elected at the July 13 organizational meeting, mandates a dismissal of the petition. Inasmuch as the rights of the respondents, who were challenged, are inextricably interwoven with the rights of the three successful candidates not joined, we cannot reach the issues presented...

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