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MATTER OF D'ADDARIO v. McNAB

41 A.D.2d 677 (1973)

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

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

February 28, 1973

Judgment reversed, on the law, without costs, and action remanded to the Special Term for entry of a judgment declaring that the Brookhaven Town Proposition No. 1 was not legally submitted to the voters at the election held on November 7, 1972 and thus failed to become effective.

We note at the outset that, since this is an action for a declaratory judgment, our jurisdiction is not based on section 330 of the Election Law...

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