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PROCACCINO v. BD. OF ELECTIONS

73 Misc.2d 462 (1973)

Mario A. Procaccino, Plaintiff, v. Board of Elections of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

March 5, 1973

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg (Irving Lemov and Mario Procaccino of counsel), for plaintiff. Norman Redlich, Corporation Counsel, for defendant. Louis J. Lefkowitz, Attorney-General (Irving Galt and A. Seth Greenwald of counsel), for State of New York, intervenor.

VINCENT A. LUPIANO, J.

In this action for a declaratory judgment declaring section 131-a of the Election Law unconstitutional as violative of the Fourteenth Amendment to the United States Constitution and of section 1 of article I and section 1 of article II of the New York State Constitution, plaintiff moves for an order granting him summary judgment pursuant to CPLR 3212. Section 131-a of the Election Law provides: "Any inconsistent provision of law...

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