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MATTER OF GALIBER v. PREVITE

54 A.D.2d 513 (1976)

In the Matter of Joseph L. Galiber, Respondent, v. Joseph Previte et al., Constituting The Board of Elections of the City of New York, Respondents, and Americo Martinez, Appellant In the Matter of Americo Martinez, Petitioner, v. Joseph J. Previte et al., Constituting The Board of Elections of the City of New York, Respondents, and Joseph L. Galiber, Respondent

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

August 26, 1976

Unanimously affirmed, without costs and without disbursements, for the reasons given by the referee. (See, also, Election Law, §§ 330, 335; CPLR 4403.) Appellant's oral application for leave to appeal to the Court of Appeals is granted.

Kupferman, J., concurring.

The respondent-appellant raises several interesting questions which warrant further consideration by the Court of Appeals. If CPLR 4320 (subd [b]) requires the referee to file...

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