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  5. 37 N.Y.2d 792 (1975)
 

MATTER OF MERCORELLA v. BENZA

37 N.Y.2d 792 (1975)

In the Matter of Anthony Mercorella et al., Appellants, v. Louis C. Benza et al., Respondents. In the Matter of Louis C. Benza, Respondent, v. Anthony Mercorella et al., Appellants, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 3, 1975.

Attorney(s) appearing for the Case

Paul A. Victor, William McGowan, Joel Mayer and David Rauscher for Anthony Mercorella and another, appellants.

Kenneth G. Schwarz for Louis C. Benza, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Special Term, confirming the report of a referee, granted a petition to invalidate the petition designating Louis C. Benza as a candidate for the Democratic Party nomination for the office of Judge of the Civil Court of the City of New York, Bronx County, and, in a second proceeding, dismissed the petition to validate said designating petition. Citing, inter alia, Matter of Lerner v Boucher (

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