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MATTER OF CONTESSA v. McCARTHY

40 N.Y.2d 890 (1976)

In the Matter of Gordon Contessa et al., Respondents, v. Eugene J. McCarthy et al., Appellants.

Court of Appeals of the State of New York.

Decided October 19, 1976.

Attorney(s) appearing for the Case

John Carter Rice, Michael J. Cunningham and Thomas O. Kellogg for appellants.

Melvin L. Schweitzer, John B. Koegel, Sol R. Dunkin and Nicholas Clemente for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

In this case, pursuant to the provision of section 335 of the Election Law, notice was directed to be given by personal service or, in the alternative, by mail posted on or before September 24, 1976. In fact, as is undisputed the mailing here occurred on September 22 and was in all respects in conformity with the directions for the giving of notice set forth in the order to show cause.

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