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MATTER OF VERDI v. MATTERA

41 A.D.2d 945 (1973)

In the Matter of Michael A. Verdi et al., Respondents, v. John Mattera et al., Appellants, and The Board of Elections of the City of New York, Respondents

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

May 17, 1973

Judgment reversed, on the law and in the interest of justice, without costs, and said designating petitions are adjudged to be valid.

Concededly, respondent Mattera does not reside within the councilmanic district for which he filed designating petitions for the office of Councilman. Nevertheless, under the facts presented herein, we are constrained to allow his petitions to stand. The record reveals that he resides within a block of the subject district created under...

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