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MTR. OF D'ADDARIO v. McNAB

32 N.Y.2d 84 (1973)

In the Matter of Raymond D'Addario et al., Respondents, v. Everett F. McNab et al., Constituting the Board of Elections of Suffolk County, Appellants, et al., Intervenors-Appellants. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided March 21, 1973.

Attorney(s) appearing for the Case

David C. Weisberg for George A. Hochbrueckner, intervenor-appellant.

Donald W. Leo, pro se, and Neil J. Abelson for remaining intervenors-appellants.

Henry Root Stern, Jr., Christopher Steele, William P. Ford and Harold G. Levison for respondents.

George W. Percy, Jr., County Attorney (Stanley Corwin of counsel), for appellants.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge BREITEL; Judge BURKE dissents and votes to reverse in a separate opinion in which Chief Judge FULD concurs.

BREITEL, J.

A proposition submitted to the town electors of the Town of Brookhaven at the last general election was carried by the slender margin of 191 votes out of about 72,000 votes cast. The large turnout of voters and the large vote cast on the proposition was undoubtedly due to the national presidential contest and the widespread public interest in the proposition. It would have changed the town board from...

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