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MATTER OF COOKE v. LOMENZO

40 A.D.2d 592 (1972)

In the Matter of Lawrence H. Cooke, Respondent, v. John P. Lomenzo, as Secretary of State of The State of New York, et al., Appellants, and Nanette Dembitz et al., Respondents

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

September 8, 1972

The affidavits showed convincingly that unless the name of a candidate nominated by more than one party appears in the same vertical column the voting machine will not function properly. The net result of a drawing could be that the petitioner's name would appear in different vertical columns. This could not be avoided unless following the drawing all the relative horizontal positions were changed to provide for the contingency...

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