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MATTER OF ANGARANO v. VAN WART

42 A.D.2d 335 (1973)

In the Matter of Pat V. Angarano et al., Respondents, v. William J. Van Wart, as Commissioner, Appellant, and Albert T. Hayduck, as Commissioner, et al., Respondents, All Constituting The Board of Elections of the County of Westchester

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

September 18, 1973.

Attorney(s) appearing for the Case

Brevetti & Goldsmith (Louis A. Brevetti of counsel), for appellant.

Stephen Davis for Pat V. Angarano and another, respondents.

Alfred F. Sulla, Jr., for Oliver W. Angelone, respondent.

SHAPIRO, GULOTTA and BENJAMIN, JJ., concur in Per Curiam opinion; HOPKINS, Acting P. J., and LATHAM, J., concur in the dismissal of the appeal, but dissent from the direction to Special Term to recall its determination, with a memorandum.

Per Curiam.

In this proceeding to compel the Board of Elections of Westchester County to substitute Pat V. Angarano for Oliver W. Angelone as the candidate of the Republican Party for the office of Supervisor of the Town of Harrison in the general election to be held in November, 1973, the appeal is from a final order of the Supreme Court, Westchester County, entered July...

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