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  5. 37 N.Y.2d 497 (1975)
 

MATTER OF BUTLER v. HAYDUK

37 N.Y.2d 497 (1975)

In the Matter of S. Jeffrey Butler, Appellant, v. Albert T. Hayduk et al., Constituting the Board of Elections of Westchester County, Respondents.

Court of Appeals of the State of New York.

Decided September 4, 1975.

Attorney(s) appearing for the Case

Richard I. Goldsand for appellant.

Lawrence J. Glynn for Nicholas J. Birmingham, respondent.

Judges JASEN, GABRIELLI and JONES concur with Chief Judge BREITEL; Judges WACHTLER, FUCHSBERG and COOKE dissent and vote to reverse in a memorandum

Chief Judge BREITEL.

This is a proceeding under section 330 of the Election Law brought by petitioner to compel validation of his designating petition. Petitioner seeks to become a candidate in the Democratic primary for the office of Superintendent of Highways of the Town of North Salem, Westchester County. Special Term dismissed the petition and the Appellate Division affirmed. Petitioner appeals.

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