MATTER OF DIAMOND v. LARKIN


39 A.D.2d 866 (1972)

In the Matter of Rose Diamond et al., Appellants, v. William S. Larkin et al., Respondents In the Matter of Irving Wiener et al., Appellants, v. William S. Larkin et al., Respondents

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

June 13, 1972


Unanimously reversed, on the law and on the facts, without costs and without disbursements, the petitions granted, the determinations of the Board of Elections reversed and the petitions validated.

In the absence of any claim of fraud, it clearly appearing that the printing error was not designed to and could not mislead the party voters, the Board of Elections erred in invalidating the petitions. In any event, if either objectant had standing to contest the petitions...

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