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MATTER OF HASKELL v. GARGIULO

51 N.Y.2d 747 (1980)

In the Matter of Gordon Haskell, Appellant, v. Frank X. Gargiulo et al., Constituting the Board of Elections of the City of New York, and Barry Hurowitz, Respondent. In the Matter of Irma Rodriguez, Appellant, v. Richard A. Izzo et al., Respondents.

Court of Appeals of the State of New York.

Decided September 5, 1980.

Attorney(s) appearing for the Case

Martin Connor for Gordon Haskell, appellant.

Robert Allen Muir, Jr., for Irma Rodriguez, appellant.

Jerome Seidell for Barry Hurowitz, respondent.

Richard A. Izzo, respondent pro se.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Chief Judge COOKE and Judge FUCHSBERG dissent and vote to affirm in a dissenting memorandum.

MEMORANDUM.

The orders of the Appellate Division should be reversed, and the matters remitted to that court for consideration of the facts (CPLR 5613).

Special Term held that the petitions should be invalidated after finding that 12 of the signatories had not made the required affirmation. In addition, and more importantly, the court found that Steven Izzo, respondent's brother, had misrepresented to a signatory,...

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