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MOSES v. LEE

44 A.D.2d 829 (1974)

Joe E. Moses, Appellant, v. H. Jordan Lee et al., Respondents

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

May 6, 1974

Judgment affirmed, without costs.

Petitioner is attempting to set aside the November, 1973 election for City Court Judge of the City of Long Beach and we simply have no power to do so under section 330 of the Election Law. As stated in Matter of Hanley v. Creaser (31 Misc.2d 1069, 1070), "true it is that this court has power to order a new primary election but nowhere in the statute or case law can authority be found...

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