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MATTER LINCOLN MACK v. PATSY COCUZZO (09/27/68)

COURT OF APPEALS OF NEW YORK 1968.NY.42933 <http://www.versuslaw.com>; 241 N.E.2d 747; 22 N.Y.2d 901 decided: September 27, 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. Matter of Mack v. Cocuzzo, 30 A.D.2d 925, affirmed. Joseph A. Baum for appellant. William S. Leahy and Robert J. Gill for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Keating, Breitel and Jasen, Judges Burke and Scileppi solely on the ground that the names of the two candidates did not appear on the voting machines in two election districts. Judge Bergan dissents and votes to reverse.


Matter of Mack v. Cocuzzo, 30 A.D.2d 925, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Keating, Breitel and Jasen, Judges Burke and Scileppi solely on the ground that the names of the two candidates did not appear on the voting machines in two election districts. Judge Bergan dissents and votes to reverse.

 No opinion.

Disposition

Order affirmed, without costs. (See Matter of Ippolito v. Power , 22 N.Y.2d 594, decided herewith.)

19680927

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