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McSWEENEY v. REPUBLICAN COMM.

61 Misc.2d 869 (1970)

In the Matter of Kathleen McSweeney et al., Petitioners, v. Republican County Committee of Bronx County et al., Respondents.

Supreme Court, Special Term, Bronx County.

January 13, 1970

Attorney(s) appearing for the Case

Diane S. Rosenberg, Robert C. Rosenberg and William Allan Price for petitioners. Alexander Sacks for Republican County Committee of Bronx County and others, respondents.

ABRAHAM J. GELLINOFF, J.

Motions 1 and 2 on the calendar of December 2, 1969 are consolidated and disposed of together.

Under the facts of this case the court lacks jurisdiction to entertain this proceeding pursuant to section 330 of the Election Law. The court does, however, have jurisdiction to consider the relief requested pursuant to article 78 of the CPLR (see in this connection CPLR 3026).

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