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MATTER OF DAUBNER v. DINKINS

42 A.D.2d 890 (1973)

In the Matter of Thomas B. Daubner, Petitioner, and Louis Okin, Respondent, v. David N. Dinkins et al., Constituting The Board of Elections of the City of New York, and Seymour Schwartz and Irving Chin, Appellants

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

September 20, 1973

Order, Supreme Court, New York County, entered on September 11, 1973, affirmed, without costs and without disbursements, with leave to appeal to the Court of Appeals.

Nunez, J., dissents in the following memorandum:

I dissent. Petitioners did not establish the probability of a different result absent the irregularities. I fully agree with the Special Referee's findings and his recommendation that the petitions should...

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