MATTER OF GALIBER v. PREVITE


40 N.Y.2d 822 (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, and Americo Martinez, Appellant. In the Matter of Americo Martinez, Appellant, v. Joseph Previte et al., Constituting the Board of Elections of the City of New York, and Joseph L. Galiber, Respondent.

Court of Appeals of the State of New York.

Decided September 2, 1976.


Attorney(s) appearing for the Case

Kenneth G. Schwartz for appellant.

Murray Richman and Paul Victor for respondent.

Louis J. Lefkowitz, Attorney-General (Lawrence L. Doolittle and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

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


MEMORANDUM.

This is an appeal from an order of the Appellate Division which affirmed a judgment of the Supreme Court, Bronx County, confirming the report of a special referee and invalidating the designating petition of Americo Martinez, candidate for the Democratic Party nomination for the public office of Senator from the 32nd Senate District of the State of New York.

The referee, to whom the issues were referred...

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