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MATTER OF MAHONEY v. MAY

54 A.D.2d 801 (1976)

In the Matter of J. Daniel Mahoney, Respondent, v. Stephen May et al., Constituting The State Board of Elections, Respondents, and Daniel P. Moynihan et al., Appellants

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

October 26, 1976

We agree with the Trial Judge insofar as the procedural aspects of the proceeding are concerned (Election Law, § 330, subd 2; see Matter of Hulse v Millspaugh, 33 N.Y.2d 725; Matter of Rosenshein v Millspaugh, 33 N.Y.2d 727). We are of the view, however, that there is insufficient evidence in the record to support a finding that there was a...

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