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MTR. OF MAHONEY v. LOMENZO

43 Misc.2d 1094 (1964)

In the Matter of J. Daniel Mahoney, Individually and as State Chairman and Chairman of the State Committee of the Conservative Party, Petitioner, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

August 29, 1964

Attorney(s) appearing for the Case

Noel C. Crowley for petitioner. Arthur H. Schwartz for Fred A. Young, as Chairman of the New York Republican State Committee, respondent. Louis J. Lefkowitz, Attorney-General, for John P. Lomenzo, as Secretary of State, respondent.

ELLIS J. STALEY, JR., J.

In this proceeding the petitioner seeks a declaratory judgment which would decree:

1. That it is the duty of the Secretary of State to certify the nomination of the Conservative party candidates for presidential and vice-presidential electors notwithstanding that said electoral candidates are not enrolled as members of the Conservative party and have not filed an acceptance...

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