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MATTER OF MAHONEY v. MAY

40 N.Y.2d 906 (1976)

In the Matter of J. Daniel Mahoney, Appellant, v. Stephen May et al., Constituting the New York Board of Elections, and Daniel P. Moynihan et al., Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1976.

Attorney(s) appearing for the Case

John Van Voorhis and Stephen R. Coffey for appellant.

Herbert Rubin and Victor A. Lord for Henry Stern and others, respondents.

Edward M. Murray and Chester J. Straub for Daniel P. Moynihan, respondent.

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

MEMORANDUM.

Order of the Appellate Division affirmed, without costs.

The Appellate Division having reversed on the facts as well as the law this court is free to make its own resolution of the facts (Cohen and Karger, Powers of the New York Court of Appeals, § 112, esp n 91). It accepts the resolution of the Appellate Division that there is insufficient evidence in the record to support a finding that "there...

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