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  5. 68 N.Y.2d 761 (1986)
 

MATTER OF BERMAN v. BD. OF ELECTIONS OF THE COUNTY OF NASSAU

68 N.Y.2d 761 (1986)

In the Matter of Carol Berman, Appellant, v. Board of Elections of the County of Nassau et al., Respondents.

Court of Appeals of the State of New York.

Decided August 28, 1986.

Attorney(s) appearing for the Case

Martin E. Connor for appellant.

Raymond B. Harding for Frederick B. Miller, respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to that court for consideration of issues not passed upon on the appeal to that court (see, 122 A.D.2d 911).

On July 10, 1986 a petition was filed with the Board of Elections designating Helene B. Agatstein as the candidate of the Liberal Party for the 9th Senatorial...

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