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MATTER OF PHIPPS v. POWER

206 Misc. 983 (1954)

In the Matter of Kenneth M. Phipps, Petitioner, v. James M. Power et al., as Commissioners of Elections of The City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

August 31, 1954.

Attorney(s) appearing for the Case

Carson De Witt Baker and John R. Sanders for petitioner.

Adrian P. Burke, Corporation Counsel (Thomas W. A. Crowe of counsel), for James M. Power and others, as Commissioners of Elections, respondents.

Connie C. Jones and Reginald Brewster for Noel D. Austin, respondent.

MATTHEW M. LEVY, J. (Dictated on the record.)

I am of the view that the designating petition of Noel D. Austin, which will be deemed marked as petitioner's Exhibit Number 1 in this proceeding, is insufficient. It does not substantially comply with section 135 of the Election Law in the respect that the designating petition does not, as the law requires, specify the public office for which the candidate is designated...

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