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MATTER OF JEFFERSON v. LARKIN

40 A.D.2d 604 (1972)

In the Matter of Anna V. Jefferson, Appellant, v. William F. Larkin et al., Constituting The Board of Elections of the City of New York, Respondents

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

September 7, 1972

Judgment, insofar as appealed from, reversed on the law, without costs, and proceeding remitted to the Special Term for a hearing on the merits.

The questions of fact have not been considered. In our opinion, Special Term had plenary jurisdiction and should have conducted a hearing on the merits. Respondents' motion to dismiss should have been denied and the motion for leave to intervene...

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