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MATTER OF ROSENSHEIN v. MILLSPAUGH

33 N.Y.2d 727 (1973)

In the Matter of Sam Rosenshein, Appellant, v. Mildred Millspaugh et al., Constituting the Board of Elections of Sullivan County, and Bernard Ruderman et al., Respondents. In the Matter of Joseph B. Kross, Appellant, v. Sam Rosenshein et al., and Mildred Millspaugh et al., Constituting the Board of Elections of Sullivan County, Respondents.

Court of Appeals of the State of New York.

Decided October 23, 1973.

Attorney(s) appearing for the Case

Stephen L. Oppenheim for Sam Rosenshein, appellant in first above-entitled proceedings, and for Sam Rosenshein and George Bedik, respondents in second above-entitled proceeding.

Michael Gottlieb and Seymour Krieger for Joseph B. Kross, appellant in second above-entitled proceeding, and for Joseph B. Kross and Bernard Ruderman, respondents in first above-entitled proceeding.

Abraham Kleinman, County Attorney (Michael Keiser of counsel), for Mildred Millspaugh and others, constituting the Board of Elections of Sullivan County, respondents in both proceedings.

Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES, WACHTLER and SHAPIRO.

In first above-entitled proceeding: Order reversed, without costs, and the judgment of Special Term directing the Board of Elections to accept petitioner's certificate of designation filed by the People United Party reinstated. The proceeding commenced by the petitioner was timely pursuant to subdivision 2 of section 330 of the Election Law.

In second above-entitled proceeding: Order affirmed, without costs. The Appellate Division improperly dismissed this proceeding...

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