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MATTER OF McDONALD v. HEFFERNAN

200 Misc. 246 (1951)

In the Matter of John McDonald, Petitioner, v. William J. Heffernan et al., Constituting The Board of Elections of the City of New York, Respondents.

Supreme Court, Special Term, Queens County.

September 14, 1951.

Attorney(s) appearing for the Case

Benjamin Gassman for petitioner.

John P. McGrath, Corporation Counsel (Victor J. Herwitz of counsel), for respondents.

George E. Wanderman for Anthony M. Livoti, intervener.

J. Wolfe Chassen and William E. Clancy for James J. Delaney, as Democratic Party candidate for office of President of the Borough of Queens, and another, interveners.

COLDEN, J.

This is an application for an order extending the time of the Independent party to file nominating petitions for the office of borough president of the Borough of Queens.

A vacancy in that office resulted from the untimely death of the Honorable Maurice A. Fitzgerald on August 25, 1951. Subdivision 13 of section 143 of the Election Law (as amd. by L. 1951, ch. 70, § 3, eff. March 9, 1951...

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