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MATTER OF BRENNAN v. POWER

284 A.D. 847 (1954)

In the Matter of William Brennan, Appellant, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents

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

September 7, 1954.

Order affirmed, without costs.

No opinion.

Murphy, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum:

It is admitted that one of the three members of the designated committee on vacancies is not an enrolled voter of the same party as the candidate (Election Law, § 135). As the designating petition fails to comply with a mandatory statutory requirement, the motion should have...

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