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MATTER OF CAPPELLAZZI v. TOTO

41 N.Y.2d 1050 (1977)

In the Matter of Allen Cappellazzi, Appellant, v. John Toto, Respondent, and Alice Sachs et al., Constituting the Board of Elections of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Paul H. Janis and James R. Sandner for appellant.

Lawrence A. Mandelker for John R. Toto, respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE. Dissent: Judges JASEN and FUCHSBERG.

Order affirmed, without costs, on the memorandum at the Appellate Division.

Judges JASEN and FUCHSBERG dissent and vote to reverse and remit the matter to the Appellate Division for review of the facts in the following memorandum: The objectors were properly before the court (Matter of Lamula v Power, 13 N.Y.2d 873). Citizen-objector Joan Reed was the co-objectant in the petition filed by objector respondent John Toto. Their...

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