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MATTER OF BRUNO v. PEYSER

40 N.Y.2d 827 (1976)

In the Matter of Richard Bruno, Appellant, v. Peter Peyser et al., Respondents.

Court of Appeals of the State of New York.

Decided September 9, 1976.

Attorney(s) appearing for the Case

Frederick P. Roland for Richard Bruno, appellant.

John C. Rice, Carroll J. Mealey, Michael J. Cunningham and Michael T. Wallender for Peter Peyser, respondent.

David E. Blabey for New York State Board of Elections, respondent.

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

MEMORANDUM.

Since the order appealed from is in form a reversal, but in fact affirmed the order and judgment of Special Term, leave to appeal is granted by this court sua sponte.

The petitioner, Richard Bruno, instituted this proceeding to contest the election petition of Peter Peyser, a candidate for the Republican nomination for the United States Senate. The respondent did not actually receive the mailed...

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