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MATTER LINCOLN MACK v. PATSY COCUZZO (09/12/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


September 12, 1968

IN THE MATTER OF LINCOLN MACK, RESPONDENT,
v.
PATSY COCUZZO, APPELLANT, AND JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, ET AL., RESPONDENTS

In a proceeding pursuant to section 330 of the Election Law to declare null and void the primary election held June 18, 1968 and to direct the holding of a new Primary Election for the office of Democratic party District Leader, Male, in the 22nd Assembly District, Part A, Queens County, the appeal is from a judgment of the Supreme Court, Queens County, dated August 21, 1968, which, inter alia, granted the application and directed a special election to be held on September 17, 1968. Judgment modified to provide that the special election be held on October 9, 1968.

Beldock, P. J., Christ, Brennan, Munder and Martuscello, JJ., concur.

No opinion. Leave to appeal to the Court of Appeals is granted.

Disposition

As so modified, judgment, affirmed, without costs.

19680912

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