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MATTER OF ALTIMARI v. MEISSER

15 N.Y.2d 964 (1965)

In the Matter of Frank X. Altimari, Respondent-Appellant, v. William D. Meisser et al., Constituting the Board of Elections of the County of Nassau, et al., Respondents, and Julius R. Lippman, Appellant-Respondent. In the Matter of Julius R. Lippman, Respondent-Appellant, v. Commissioners of Election of the County of Nassau et al., Respondents, and Frank X. Altimari, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided March 18, 1965.

Attorney(s) appearing for the Case

James J. Leff, Harold L. Fisher, Bertram Harnett and Louis H. Powell for Julius R. Lippman.

Albert A. Du Pont and Stephen J. Masse for Frank X. Altimari.

William R. Humberg for Board of Elections of the County of Nassau.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BERGAN. Dissent: Judges DYE, BURKE and SCILEPPI.

Appeal dismissed, without costs, in a memorandum: The court declines to pass on this matter at this time. We consider it more orderly to allow the proceeding to continue to a final order which presumably will ultimately reach this court on an appeal in due course (rather than by the intermediate procedure used in Betzag v. Gulf Oil Corp., 301 N.Y. 576, and attempted to be used here). We make it clear that we are not now passing on any...

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