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MATTER OF CORNING v. DONOHUE

67 Misc.2d 276 (1971)

In the Matter of Erastus Corning, 2nd, Petitioner, v. Thomas F. Donohue et al., Constituting the Board of Elections of the County of Albany, et al., Respondents, and Louis J. Lefkowitz, as Attorney-General of the State of New York, et al., Intervenors-Respondents.

Supreme Court, Special Term, Albany County.

June 15, 1971

Attorney(s) appearing for the Case

Harvey M. Lifset for petitioner. John J. Clyne for respondents. Louis J. Lefkowitz, Attorney-General (Jean M. Coon of counsel), for State of New York, intervenor-respondent. Lawrence F. Klepper for Catherine Boddie and another, intervenors-respondents. Arthur J. Harvey for League of Women Voters and others, intervenors-respondents.

A. FRANKLIN MAHONEY, J.

Petitioner (Mayor of the City of Albany and a resident taxpayer) seeks an order of prohibition pursuant to article 78 of the CPLR prohibiting the Board of Elections of the County of Albany from accepting, filing and placing on the ballot at the November, 1971 general election names of candidates for the Board of Education of the City of Albany pursuant to article 52 of the Education Law...

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