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  5. 51 N.Y.2d 814 (1980)
 

MATTER OF SCHNEEBERG v. NEW YORK STATE BD. OF ELECTIONS

51 N.Y.2d 814 (1980)

In the Matter of Boris Schneeberg et al., Respondents, v. New York State Board of Elections, Respondent, and Esther S. Axtell, Appellant.

Court of Appeals of the State of New York.

Decided October 9, 1980.

Attorney(s) appearing for the Case

John F. Haggerty and William Y. Crowell, III, for appellant.

Terence P. O'Leary for Boris Schneeberg and others, respondents.

Thomas P. Zolezzi for New York State Board of Elections, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the judgment of Special Term dismissing the proceeding reinstated.

The proceeding seeks validation of the petition designating Matthew F. McHugh as Liberal Party candidate for Congress in the 27th Congressional District. No question as to the timeliness of the proceeding has been raised. Petitioners' attorney conceded on argument...

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