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MATTER OF MORELL v. BD. OF ELECTIONS OF THE CITY OF NEW YORK

34 N.Y.2d 968 (1974)

In the Matter of Samuel D. Morell, Appellant, v. Board of Elections of the City of New York, and Burton N. Drucker et al., Respondents.

Court of Appeals of the State of New York.

Decided August 28, 1974.

Attorney(s) appearing for the Case

Samuel D. Morell, appellant, pro se.

Carl D. Bernstein for Burton N. Drucker and Carter Burden, respondents.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STALEY. Taking no part: Judge STEVENS.

Order affirmed, without costs, in the following memorandum: The jurisdictional issue based upon improper service is not raised on this appeal. Special Term and the Appellate Division determined the case on the merits and there is no cross appeal by objector, as there could not be since the objector was not aggrieved. Hence, this court's review is limited to the merits, and on the merits, the issue of insufficient valid signatures...

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