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MATTER OF SCHUTRICK v. WESTCHESTER COUNTY BD. OF ELECTIONS

96 A.D.2d 921 (1983)

In the Matter of Thomas Schutrick, Appellant-Respondent, v. Westchester County Board of Elections, Respondent, and Victor Coster, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 24, 1983

Cross appeal dismissed, without costs or disbursements. Coster is not aggrieved by the judgment (CPLR 5511). The issues raised by the cross appeal are brought up for review and have been considered on petitioner-appellant's appeal (CPLR 5501, subd [a]). Judgment affirmed, without costs or disbursements.

While Special Term correctly dismissed the application we find that it should have done so upon jurisdictional grounds rather than on the merits and that the merits...

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