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MATTER OF GOODMAN v. HAYDUK

45 N.Y.2d 804 (1978)

In the Matter of Arthur Goodman et al., Appellants, v. Albert T. Hayduk et al., Constituting the Board of Elections of the County of Westchester, and Raymond McNamara, Respondents.

Court of Appeals of the State of New York.

Decided September 1, 1978.

Attorney(s) appearing for the Case

Thomas J. Abinanti for appellants.

Lawrence A. Mandelker for Raymond McNamara, respondent.

Chief Judge BREITEL and Judges JASEN, JONES and COOKE concur in memorandum; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judges GABRIELLI and FUCHSBERG concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

This special proceeding instituted pursuant to article 16 of the Election Law was brought on by service of an order to show cause accompanied by an annexed unverified petition. Section 16-116 of the Election Law requires that such a proceeding be "heard upon a verified petition". To find an...

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