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MATTER OF MAGRO v. POWER

34 A.D.2d 939 (1970)

In the Matter of Michael V. Magro, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, Respondents, and Paul A. Fino, Jr., Intervenor-Appellant

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

June 23, 1970

Judgment entered June 19, 1970, affirmed, without costs and without disbursements, upon the opinion of HELMAN, J., at Special Term.

Whatever its form, this proceeding sounds essentially in mandamus to compel performance by a public body of a duty imposed by law.

McNally, J., dissents in the following memorandum:

I dissent and vote to reverse and dismiss the proceeding on the ground there was a failure to join the appellant who was a necessary...

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