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MATTER OF BECKER v. POWER

207 Misc. 55 (1954)

In the Matter of Barnett L. Becker, Petitioner, v. James M. Power et al., as Commissioners of Elections, Constituting The Board of Elections of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

September 7, 1954.

Attorney(s) appearing for the Case

Gordon I. Novod and Harold I. Panken for petitioner.

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

Gabriel I. Levy and Daniel M. Kelly, in person, for Daniel M. Kelly, respondent appearing specially.

Arthur Braun and Leon Braun for Harry Uviller and others, as Committee to Fill Vacancies of Liberal Party, respondents.

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

After the rendition of my decision the other day sustaining the respondent candidate's special appearance, the petitioner asked for leave to proceed on the merits. In view of the summary nature of the proceeding, of the imminence of the primary election, of the advisability therefore of having the entire record before the appellate court, and of the precedent heretofore...

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