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MTR OF ACITO v. McCARTHY

88 Misc.2d 55 (1976)

In the Matter of Remo J. Acito et al., Constituting the New York State Board of Elections, Petitioners, v. Eugene McCarthy et al., Respondents.

Supreme Court, Special Term, Albany County.

October 12, 1976

Attorney(s) appearing for the Case

Edward R. Patrick and Thomas Wallace for State Board of Elections, petitioner. DeGraff, Foy, Conway & Holt-Harris (John C. Rice of counsel), for Eugene McCarthy, respondent. Melvin L. Schweitzer for Irving Schlein, respondent.

EDWARD S. CONWAY, J.

This is a controversy submitted to this court by stipulation and consent of this court pursuant to the provisions of CPLR 3222 to be heard and determined. It was heard on Friday, October 8, 1976 pursuant to the stipulation of Remo J. Acito, William H. McKeon, Donald Retalliata and Stephen May, constituting the New York State Board of Elections.

The submission of the controversy, acknowledged...

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